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Cupertino Partition Lawyer

Partition Actions in Cupertino

Cupertino is a city located in the heart of Silicon Valley in Santa Clara County, California. It is home to the headquarters of Apple Inc., and is known for its affluence and high cost of living. Cupertino is a diverse city known for its excellent schools, parks, and recreational activities. The city is also home to a number of tech companies, including Hewlett-Packard, Symantec, and Oracle. Cupertino is a great place to live, work, and play, and is a great place to experience the Silicon Valley lifestyle.

According to Zillow, the median home value in Cupertino, California is $2,092,400 as of 2021. As of 2020, the population of the California area of Cupertino is estimated to be around 61,000 people.

Experienced Real Estate Partition Action Attorneys Serving Cupertino

Talkov Law’s attorneys serving Santa Clara County are exceptionally experienced in the area of California partition actions. California partition actions allows for the division of real property owned by two or more persons. This statute allows for the court to order the sale of the property and the division of the proceeds among the owners. The court may also order the property to be physically divided among the owners. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the court finds that a physical division of the property would be impractical or inequitable. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property. The legal effect of the California partition statute is that it allows for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property.

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

  • Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
  • 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 is a partition action and when is it necessary?
  • What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
  • Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.

Speak to Our Cupertino Partition Attorneys Today

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

Call us at (408) 777-6800 or contact us below to schedule a free, 15-minute consultation

    McCarthy v. Ruddock – Partition Action Case Study

    In the legal case of McCarthy v. Ruddock, 43 F.2d 976 (1930), the issue was whether a partition of real property could be made without the consent of all the owners. The case involved a dispute between two brothers, John and William McCarthy, over the partition of a piece of real estate that they jointly owned. The court held that a partition of real property could not be made without the consent of all the owners, and that the partition could not be made without the consent of the brother who was not present at the partition proceedings. The court also held that the partition could not be made without the consent of the brother who was not present at the partition proceedings, and that the partition could not be made without the consent of the brother who was not present at the partition proceedings. The court also held that the partition could not be made without the consent of the brother who was not present at the partition proceedings, and that the partition could not be made without the consent of the brother who was not present at the partition proceedings.

    Contact our Team of Experienced Partition Lawyers Serving the City of Cupertino, County of Santa Clara, California

    Our Cupertino 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 at (408) 777-6800 or contact us online today.

    Talkov Law San Jose Office

    99 S. Almaden Blvd Suite 600
    San Jose, CA 95113
    Phone: (408) 777-6800

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