Experienced Partition Attorneys Serving Cupertino
Talkov Law’s attorneys serving Santa Clara County are exceptionally experienced in the area of California partition actions. California partition actions provide a legal mechanism for co-owners of real property to divide the property among themselves. The partition statutes allow a co-owner to file a lawsuit in court to have the property divided, either physically or by sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- 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.
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
- 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.
- 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
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 Cupertino
Partitions are quite common in Cupertino. 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.
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.
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 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 Cupertino, California serve Santa Clara County and surrounding areas including Sunnyvale, Santa Clara, San Jose, Los Altos, Mountain View.
