Partition Actions in Belvedere
Belvedere is a small city located in Marin County, California. It is situated on two islands in the San Francisco Bay, and is known for its stunning views of the bay and the Golden Gate Bridge. The city is home to a variety of upscale restaurants, shops, and galleries, as well as a number of parks and open spaces. Belvedere is also known for its historic homes, many of which date back to the late 19th century. The city is a popular destination for tourists, and is home to a number of events and festivals throughout the year.
According to Zillow, the median home value in Belvedere, Marin County, California is $2,845,000. As of the 2020 United States Census, the population of Belvedere, California was 2,131.
Experienced Real Estate Partition Action Attorneys Serving Belvedere
Talkov Law’s attorneys serving Marin 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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the partition must be done in a fair and equitable manner, and that the court must approve the partition before it can be enforced. The partition statutes also provide that the court may order the sale of the property if the co-owners cannot agree on a partition. 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 I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
- 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.
Martinez v. Moreno – Partition Action Case Study
In the legal case of Martinez v. Moreno, 2006 WL 697835, B182295 (21-Mar-2006) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, and the dispute arose when one sibling wanted to sell the home and the other wanted to keep it. The court had to decide whether the siblings should be allowed to partition the home, meaning that each sibling would receive a portion of the home. The court ultimately ruled that partition was not an appropriate solution in this case, as it would not be equitable to divide the home into two parts. The court instead ordered that the siblings should sell the home and divide the proceeds.
Contact our Team of Experienced Partition Lawyers Serving the City of Belvedere in the County of Marin, 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 (415) 966-3300 or contact us online for a free consultation about your co-ownership issues.