East Bay Real Estate Partition Lawyer
Talkov Law’s attorneys serving Alameda and Contra Costa 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:
- 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.
- 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.
- 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 are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
- 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.
The East Bay is a region of the San Francisco Bay Area in Northern California. It is home to a diverse population of over 2.5 million people, and is known for its vibrant culture, diverse economy, and beautiful natural environment. The East Bay is home to many of the Bay Area’s most popular attractions, including the Oakland Zoo, the Chabot Space and Science Center, and the Berkeley Marina. The East Bay is also home to several major universities, including the University of California, Berkeley, and California State University, East Bay. The East Bay is a great place to live, work, and play, and is a popular destination for tourists and locals alike.
Speak to Our East Bay Partition Attorneys Today
Call our today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (510) 999-3300 or contact us below to schedule a free, 15-minute consultation
Estate of Ng – Partition Action Case Study
In the legal case of Estate of Ng, 2016 WL 7157001, A134294, A136951 (7-Dec-2016), revolved around the division of the estate of the deceased, Mr. Ng. The estate was comprised of two parcels of real property located in San Francisco, California. The first parcel was owned by Mr. Ng and his wife, and the second parcel was owned by Mr. Ng and his brother. The dispute arose when the brother sought to partition the second parcel, while the wife sought to partition both parcels. The court ultimately ruled in favor of the wife, finding that the brother had no right to partition the first parcel, as it was owned solely by Mr. Ng and his wife. The court also found that the brother had no right to partition the second parcel, as it was owned by Mr. Ng and his brother as tenants in common. The court ordered that the estate be partitioned in accordance with the wife’s wishes.
Frequently Asked Questions About Partitions in East Bay
How Much Does a Partition Action Cost in East Bay?
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.
Who Can File a Partition Action in East Bay?
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.
Who Pays for a Partition Action?
In East Bay, 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).
Can a Partition Action Be Stopped in East Bay?
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 East Bay
Our East Bay 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 (510) 999-3300 or contact us online today.
