Berkeley Partition Lawyer

Partition Actions in Berkeley

Berkeley is a city in the San Francisco Bay Area of California. It is known for its progressive politics, its vibrant culture, and its diverse population. It is home to the University of California, Berkeley, one of the top universities in the world. Berkeley is also known for its beautiful parks, its lively music and art scene, and its excellent restaurants. It is a great place to live, work, and play.

According to Zillow, the median home value in Berkeley, California is $1,072,400 as of 2021. As of 2020, the population of the Berkeley, California area is 122,651.

Experienced Real Estate Partition Action Attorneys Serving Berkeley

Talkov Law’s attorneys serving Alameda 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 is that these statutes provide 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 we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
• 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.
• What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
• 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.
• Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.