Talkov Law’s attorneys serving San Mateo County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. 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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect is that these statutes provide 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:
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- 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.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- 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.
- 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.
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.
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.
Frequently Asked Questions About Partitions in Foster City
How Much Does a Partition Action Cost in Foster City?
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 Foster City?
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 Foster City, 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 Foster City?
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 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 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 (650) 999-3300 or contact us online today.
