Partition Actions in Daly City
Daly City is a city located in the San Francisco Bay Area of California. It is the second most populous city in San Mateo County and is known for its diverse population, with a large Filipino-American community, as well as a large Hispanic population. Daly City is also home to the Cow Palace, a large arena and exhibition hall that hosts a variety of events, including concerts, sports, and conventions. The city is also home to several parks, including the John McLaren Park, which is the second largest park in San Francisco. Daly City is a great place to live, with its close proximity to San Francisco, its diverse population, and its many parks and attractions.
According to Zillow, the median home value in Daly City, California is $845,000 as of 2021. As of 2020, the population of Daly City, California is estimated to be 106,717.
Experienced Real Estate Partition Action Attorneys Serving Daly City
Talkov Law’s attorneys serving San Mateo 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:
- What is a partition action and when is it necessary?
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- How does a partition action work in California?
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- 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.
Gonzalez v. Gonzalez – Partition Action Case Study
In the legal case of Gonzalez v. Gonzalez, 174 Cal. 588 (1917), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a piece of real estate that had been inherited from their father. The siblings had agreed to divide the property, but the agreement was not legally binding. The court had to decide whether the siblings had the right to partition the property, and if so, how it should be divided. The court ultimately ruled that the siblings had the right to partition the property, but that it should be divided in a way that was fair and equitable to both parties.
Contact our Team of Experienced Partition Lawyers Serving the City of Daly City 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 (415) 966-3300 or contact us online for a free consultation about your co-ownership issues.