Experienced Partition Attorneys Serving Berkeley
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:
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
- How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- 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.
- 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.
Speak to Our Berkeley Partition Attorneys Today
End your co-ownership in Alameda County today. You don’t pay until the house is sold!
Call us at (510) 999-3300
Partition Actions in Berkeley
Partitions are quite common in Berkeley. 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.
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.
Finney v. Gomez – Partition Action Case Study
In the legal case of Finney v. Gomez, 111 Cal.App.4th 527 (2003), 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 siblings had agreed to partition the home, with one sibling taking the upstairs portion and the other taking the downstairs portion. However, the siblings had not been able to agree on the terms of the partition, and the dispute had gone to court. The court had to decide whether the partition should be done by physical division of the home, or by a sale of the home and a division of the proceeds. The court ultimately decided that the partition should be done by a sale of the home and a division of the proceeds.
Contact our Team of Experienced Partition Lawyers Serving the City of Berkeley 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.
Our partition attorneys in Berkeley, California serve Alameda County and surrounding areas including Oakland, Emeryville, Albany, El Cerrito, Richmond.