Partition Actions in Alameda
Alameda is a city located in the San Francisco Bay Area of California. It is situated on an island of the same name, which is connected to the mainland by bridges and a causeway. Alameda is known for its Victorian-style homes, its vibrant downtown area, and its many parks and beaches. The city is home to a variety of attractions, including the USS Hornet Museum, the Alameda Naval Air Station, and the Alameda Point Antiques Faire. Alameda is also home to a number of restaurants, shops, and entertainment venues.
According to Zillow, the median home value in Alameda, California is $817,400 as of 2021. As of July 1, 2019, the population of Alameda County, California was estimated to be 1,639,622.
Experienced Real Estate Partition Action Attorneys Serving Alameda
Talkov Law’s attorneys serving Alameda County are exceptionally experienced in the area of California partition actions. California partition actions provide a legal mechanism for co-owners of real property to divide the property among themselves. The partition statutes allow a co-owner to file a lawsuit in court to have the property divided, either physically or by sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
- What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
Johnson v. Brauner – Partition Action Case Study
In the legal case of Johnson v. Brauner, 131 Cal.App.2d 713 (1955), the issue was whether a partition of real property was proper. The plaintiffs, Johnson and his wife, owned a parcel of real property with two other individuals, Brauner and his wife. The Johnsons and the Brauners had agreed to partition the property, but the Brauners refused to sign the deed. The Johnsons then filed a partition action, and the trial court ordered a partition by sale. The Brauners appealed, arguing that the partition was improper because the Johnsons had not provided sufficient evidence of their ownership interest in the property. The court of appeals held that the partition was proper, finding that the Johnsons had provided sufficient evidence of their ownership interest in the property. The court also noted that the Brauners had failed to provide any evidence to support their claim that the Johnsons did not own an interest in the property.
Contact our Team of Experienced Partition Lawyers Serving the City of Alameda in the County of Alameda, California.
Our partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Call the experienced real estate partition attorneys at Talkov Law at (510) 999-3300 or contact us online for a free consultation about your co-ownership issues.