Partition Actions in Danville
Danville is a town located in the San Ramon Valley in Contra Costa County, California. It is one of the most affluent suburbs in the San Francisco Bay Area and is known for its excellent schools, parks, and recreational activities. The town is home to a variety of shops, restaurants, and businesses, as well as a vibrant downtown area. Danville is also home to several parks, including the Iron Horse Regional Trail, Las Trampas Regional Wilderness, and the Sycamore Valley Regional Open Space Preserve. The town is also home to several annual events, such as the Danville Farmers’ Market, the Danville Fine Arts Faire, and the Danville Summer Concert Series.
According to Zillow, the median home value in Danville, California is $1,092,400 as of 2021. As of 2020, the population of the California area of Danville is estimated to be 44,919.
Experienced Real Estate Partition Action Attorneys Serving Danville
Talkov Law’s attorneys serving Contra Costa 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 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 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.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- What is a partition action and when is it necessary?
Perelli-Minetti v. Lawson – Partition Action Case Study
In the legal case of Perelli-Minetti v. Lawson, 205 Cal. 642 (1928), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a piece of real property. The two co-owners had inherited the property from their father, who had died without a will. The court was asked to determine whether the two co-owners should be allowed to partition the property, meaning that each would receive a portion of the property. The court ultimately ruled that the two co-owners could not partition the property, as it would be too difficult to divide the property in a fair and equitable manner. The court also noted that the two co-owners had not been able to agree on a partition plan, and that the property was not suitable for partition.
Contact our Team of Experienced Partition Lawyers Serving the City of Danville in the County of Contra Costa, 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 (925) 999-7700 or contact us online for a free consultation about your co-ownership issues.