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. 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. 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:
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
- How does a partition action work in California?
- What is a partition action and when is it necessary?
- Who pays for a partition action? In California, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
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, County of Contra Costa, California
Our Brentwood partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law unlocks access to justice for co-owners by funding your case. For qualified cases, you pay no fees until we successfully partition your property by obtaining a sale on the market or to your co-owner! For a free consultation with California’s first and largest team of partition attorneys at Talkov Law, call (925) 999-7700 or contact us online today.
Our partition attorneys in Brentwood also serve Antioch, Oakley, Discovery Bay, Byron, Knightsen, and Bethel Island
