Foster City Partition Lawyer

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. As of the 2020 United States Census, the population of Foster City, California was 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. 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 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.
  • How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
  • Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
  • What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
  • How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.

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 at (650) 999-3300 or contact us online today.

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