Partition Actions in Foster City
Foster City is a city located in San Mateo County, California, United States, in the San Francisco Bay Area. It is located on the eastern shore of the San Francisco Bay, about 20 miles south of San Francisco. The city was named after T. Jack Foster, a real estate magnate who originally owned the land that the city now occupies. Foster City is known for its high quality of life, excellent schools, and its proximity to the San Francisco Bay. The city is home to a variety of businesses, including technology, finance, and retail. It is also home to a number of parks and recreational areas, including the Leo J. Ryan Memorial Park, which offers a variety of activities for residents and visitors alike.
According to Zillow, the median home value in Foster City, California is $1,541,400 as of 2021. The population of Foster City, California is 32,845.
Experienced Real Estate Partition Action Attorneys Serving Foster City
Talkov Law’s attorneys serving San Mateo County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the partition must be done in a fair and equitable manner, and that the court must approve the partition before it can be enforced. The partition statutes also provide that the court may order the sale of the property if the co-owners cannot agree on a partition. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
- 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.
Speak to Our Foster 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 (650) 999-3300 or contact us below to schedule a free, 15-minute consultation
Scheas v. Robertson – Partition Action Case Study
In the legal case of Scheas v. Robertson, 38 Cal.2d 119 (1951), the issue was whether a partition of real property could be made without the consent of all the owners. The case involved a dispute between two siblings, Scheas and Robertson, who inherited a parcel of real property from their father. Scheas wanted to partition the property, while Robertson did not. The court held that a partition of real property could not be made without the consent of all the owners, and that Scheas could not partition the property without Robertson’s consent. The court also held that the partition could not be made without a court order, and that the court would have to consider the interests of all the owners before making a decision.
Contact our Team of Experienced Partition Lawyers Serving the City of Foster City, County of San Mateo, California
Our Foster City partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law 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 (650) 999-3300 or contact us online today.
Our partition attorneys in Foster City also serve San Mateo, Belmont, Burlingame, Redwood City, San Carlos, Menlo Park, Palo Alto, Mountain View, and Sunnyvale
