Experienced Partition 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 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:
- 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 referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- 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.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- 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.
Speak to Our Daly City Partition Attorneys Today
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Partition Actions in Daly City
Partitions are quite common in Daly City. 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.
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.
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.
Our partition attorneys in Daly City, California serve San Mateo County and surrounding areas including San Francisco, South San Francisco, Pacifica, Colma, Brisbane
