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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.
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 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 do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
- 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.
- 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.
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 in the County of San Mateo, 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 (650) 999-3300 or contact us online for a free consultation about your co-ownership issues.