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:
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
- 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.
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 in the County of San Mateo, 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 (650) 999-3300 or contact us online for a free consultation about your co-ownership issues.