Partition Actions in Dublin
Dublin is a city located in the East Bay region of the San Francisco Bay Area in Alameda County, California. It is located about 35 miles east of San Francisco and is part of the Tri-Valley area. Dublin is a rapidly growing city and is known for its excellent schools, parks, and recreational activities. The city is home to a variety of businesses, including technology companies, medical centers, and retail stores. Dublin is also home to the Dublin Unified School District, which serves the city’s students. The city is also home to a variety of cultural attractions, including the Dublin Heritage Center, the Dublin Library, and the Dublin Civic Center.
According to Zillow, the median home value in Dublin, California is $845,400 as of 2021. As of the 2020 census, the population of the California area of Dublin, California is 8,919.
Experienced Real Estate Partition Action Attorneys Serving Dublin
Talkov Law’s attorneys serving Alameda 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:
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
Luckhardt v. Mooradian – Partition Action Case Study
In the legal case of Luckhardt v. Mooradian, 92 Cal.App.2d 501 (1949), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, Luckhardt, sought to partition the property, while the defendant, Mooradian, argued that partition was not appropriate. The court ultimately held that partition was not appropriate in this case, as the parties had agreed to a joint tenancy, and partition would have destroyed the joint tenancy. The court also noted that partition would have been inequitable, as the parties had agreed to a joint tenancy in order to avoid the costs and delays associated with partition. The court also noted that partition would have been impractical, as the property was not easily divisible.
Contact our Team of Experienced Partition Lawyers Serving the City of Dublin in the County of Alameda, 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.