Burlingame Partition Lawyer

Partition Actions in Burlingame

Burlingame is a city located in San Mateo County, California, just south of San Francisco. It is a vibrant and diverse community known for its beautiful tree-lined streets, excellent schools, and a variety of shopping and dining options. Burlingame is also home to several parks, including the popular Washington Park, which features a playground, picnic areas, and a lake. The city is also home to the San Francisco International Airport, making it a convenient location for travelers.

According to Zillow, the median home value in Burlingame, California is $1,845,400 as of 2021. As of the 2020 United States Census, the population of Burlingame, California was 28,807.

Experienced Real Estate Partition Action Attorneys Serving Burlingame

Talkov Law’s attorneys serving San Mateo 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:

  • 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).
  • What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
  • 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 are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
  • 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 Burlingame Partition Attorneys Today

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

Call us at (650) 999-3300 or contact us below to schedule a free, 15-minute consultation

    Sipe v. Hollingsworth & Co. – Partition Action Case Study

    In the legal case of Sipe v. Hollingsworth & Co., 99 Cal.App.2d 391 (1950), the issue of partition was at the center of the dispute. The plaintiff, Sipe, owned a one-third interest in a parcel of real property with two other individuals, Hollingsworth and another individual. Sipe sought to partition the property, but Hollingsworth refused to do so. The court found that Hollingsworth had acted in bad faith by refusing to partition the property, and ordered that the property be partitioned in accordance with Sipe’s wishes. The court also ordered Hollingsworth to pay Sipe’s costs and attorney’s fees. The case is an example of how partition issues can arise in real estate disputes, and how the court can order a partition of the property if one of the parties is acting in bad faith.

    Contact our Team of Experienced Partition Lawyers Serving the City of Burlingame, County of San Mateo, California

    Our Burlingame 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 (650) 999-3300 or contact us online today.

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        Los Angeles, CA 90024
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