Partition Actions in Atherton
Atherton is a small, affluent town located in San Mateo County, California. It is situated between the cities of Menlo Park and Redwood City, and is part of the San Francisco Bay Area. Atherton is known for its large, luxurious homes, and is one of the most expensive zip codes in the United States. The town is home to many tech executives, venture capitalists, and other wealthy professionals. Atherton is also home to several parks, including Holbrook-Palmer Park, which features a playground, picnic areas, and a duck pond. The town is served by the Menlo Park-Atherton Caltrain station, which provides access to San Francisco and other Bay Area cities.
According to Zillow, the median home value in Atherton, California is $6,890,000 as of 2021. As of the 2020 United States Census, the population of Atherton, California was 7,287.
Experienced Real Estate Partition Action Attorneys Serving Atherton
Talkov Law’s attorneys serving San Mateo County are exceptionally experienced in the area of California partition actions. California partition actions allows for the division of real property owned by two or more persons. This statute allows for the court to order the sale of the property and the division of the proceeds among the owners. The court may also order the property to be physically divided among the owners. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the court finds that a physical division of the property would be impractical or inequitable. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property. The legal effect of the California partition statute is that it allows for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of 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.
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
Kampa v. Superior Court – Partition Action Case Study
In the legal case of Kampa v. Superior Court, 2018 WL 3298029, E068425 (5-Jul-2018) , the issue of partition was at the center of the dispute. The plaintiff, Kampa, owned a parcel of land with two other individuals, and the three of them had agreed to partition the land. However, the other two individuals refused to sign the partition agreement, and Kampa sought a court order to compel them to do so. The court found that the partition agreement was valid and enforceable, and ordered the other two individuals to sign it. The court also found that the partition agreement was not subject to any partition issues, such as unequal division of the land or any other issues that could arise from the partition.
Contact our Team of Experienced Partition Lawyers Serving the City of Atherton in the County of San Mateo, 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 (650) 999-3300 or contact us online for a free consultation about your co-ownership issues.