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. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- 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.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
Speak to Our Atherton Partition Attorneys Today
Call our San Mateo County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (650) 999-3300 or contact us below to schedule a free, 15-minute consultation
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.
Our partition attorneys in Atherton also serve Redwood City, Menlo Park, Palo Alto, and Woodside.