Brentwood Partition Lawyer

Partition Actions in Brentwood

Brentwood is a city located in the East Bay region of the San Francisco Bay Area in California. It is a suburban community known for its excellent schools, safe neighborhoods, and beautiful parks. It is also home to many tech companies, including Oracle, Apple, and Google. Brentwood is a great place to live, work, and play, with plenty of shopping, dining, and entertainment options.

According to Zillow, the median home value in Brentwood, California is $619,400 as of 2021. As of 2020, the population of the California area of Brentwood is estimated to be around 48,817.

Experienced Real Estate Partition Action Attorneys Serving Brentwood

Talkov Law’s attorneys serving Contra Costa 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

  • 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.
  • What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
  • How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
  • 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.
  • 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.

Speak to Our Brentwood Partition Attorneys Today

Call our Contra Costa County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (925) 999-7700 or contact us below to schedule a free, 15-minute consultation

    Machado v. Machado – Partition Action Case Study

    In the legal case of Machado v. Machado, 66 Cal.App.2d 401 (1944), the issue of partition arose when the parties disagreed over the division of a parcel of land that had been inherited by the plaintiff and defendant. The plaintiff argued that the land should be divided into two equal parts, while the defendant argued that the land should be divided into three parts, with the defendant receiving two-thirds of the land. The court ultimately ruled in favor of the plaintiff, finding that the land should be divided into two equal parts. The court also found that the defendant was not entitled to a greater share of the land due to his greater contribution to the purchase of the land.

    Contact our Team of Experienced Partition Lawyers Serving the City of Brentwood in the County of Contra Costa, 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 (925) 999-7700 or contact us online for a free consultation about your co-ownership issues.

    Our partition attorneys in Brentwood also serve Antioch, Oakley, Discovery Bay, Byron, Knightsen, and Bethel Island.

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