Daly City Partition Attorney

Daly City Partition Attorney

Daly City Real Estate Partition Lawyer

Talkov Law’s attorneys serving San Mateo County are exceptionally experienced in California partition actions and have conducted over 470 for our satisfied clients. 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:

  • Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
  • What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
  • Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
  • 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.
  • 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.

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.

Speak to Our Daly City Partition Attorneys Today

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

Call us at (415) 966-3300 or contact us below to schedule a free, 15-minute consultation







    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.

    Frequently Asked Questions About Partitions in Daly City

    The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.

    A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.

    In Daly City, 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).

    Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.

    Contact our Team of Experienced Partition Lawyers Serving the City of Daly City, County of San Mateo, California

    Our Daly City partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov Law Partition Attorneys 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, call (415) 966-3300 or contact us online today.

    Talkov Law is Rated 5 out of 5 stars based on 169 reviews

    Contact Us Today for a Free Consultation & Pay No Retainer

    Call Talkov Law to discuss having your legal fees paid from the proceeds of sale of your property and no money down







        Awards and Recognition

        Scott Talkov Partition Attorney Super Lawyers
        US News and World Report Scott Talkov

        We Have Been Featured On:

        The Real Deal

        Offices Throughout California

        Los Angeles Partition Attorneys
        10880 Wilshire Blvd Ste 1101
        Los Angeles, CA 90024
        Phone: (310) 496-3300

        Orange County Partition Attorneys
        4000 MacArthur Blvd Ste 655
        Newport Beach, CA 92660
        Phone: (949) 888-8800

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

        San Diego Partition Attorneys
        11622 El Camino Real Ste 100
        San Diego, CA 92130
        Phone: (858) 800-3300

        San Francisco Partition Attorneys
        50 California St, Ste 1500
        San Francisco, CA 94111
        Phone: (415) 966-3300

        Riverside Partition Attorneys
        3610 Central Ave, Ste 400
        Riverside, CA 92506
        Phone: (951) 888-3300

        Sacramento Partition Attorneys
        500 Capitol Mall, Suite 2350
        Sacramento, CA 95814
        Phone: (916) 668-3300

        The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.