Experienced Partition Attorneys Serving Campbell
Talkov Law’s attorneys serving Santa Clara 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:
- 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.
- How does a partition action work in California?
- 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.
- 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.
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
Speak to Our Campbell Partition Attorneys Today
End your co-ownership in Santa Clara County today. You don’t pay until the house is sold!
Call us at (408) 777-6800
Partition Actions in Campbell
Partitions are quite common in Campbell. According to Zillow, the median home value in Campbell, California is $1,072,400 as of 2021. As of 2020, the population of the California area of Campbell is estimated to be 42,845.
Campbell is a city in Santa Clara County, California, located in the San Francisco Bay Area. It is part of the Silicon Valley region and is home to many high-tech companies. The city is known for its small-town charm and vibrant downtown area. Campbell is also home to the Pruneyard Shopping Center, a popular outdoor mall, and the Campbell Historical Museum, which showcases the city’s history. The city is also home to several parks, trails, and recreational facilities, making it a great place to live and visit.
Priddel v. Shankie – Partition Action Case Study
In the legal case of Priddel v. Shankie, 69 Cal.App.2d 319 (1945), the issue was whether a partition of a jointly owned property was valid. The court found that the partition was invalid because the deed of partition was not properly executed. The deed of partition was not signed by both parties, and the court found that the deed was not properly executed because it did not contain the signatures of both parties. Furthermore, the court found that the deed of partition was not properly recorded, as it was not filed with the county recorder. As a result, the court found that the partition was invalid and that the property remained jointly owned by the parties.
Contact our Team of Experienced Partition Lawyers Serving the City of Campbell in the County of Santa Clara, 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 (408) 777-6800 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Campbell, California serve Santa Clara County and surrounding areas including San Jose, Los Gatos, Saratoga, Cupertino, Santa Clara
