Partition Actions in Half Moon Bay
Half Moon Bay is a coastal city located in San Mateo County, California. It is situated on the San Mateo County coast, about 25 miles south of San Francisco. The city is known for its stunning beaches, rugged coastline, and quaint downtown area. Half Moon Bay is a popular destination for surfing, fishing, and other outdoor activities. The city is also home to several wineries, art galleries, and restaurants. Half Moon Bay is a great place to relax and enjoy the beauty of the California coast.
According to Zillow, the median home value in Half Moon Bay, California is $1,541,400 as of 2021. As of the 2020 United States Census, the population of Half Moon Bay, California was 11,919.
Experienced Real Estate Partition Action Attorneys Serving Half Moon Bay
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 court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- Who pays for a partition action? In California, 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 I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
- 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 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.
Bethel v. Brazil – Partition Action Case Study
In the legal case of Bethel v. Brazil, 2006 WL 122085, B179268 (18-Jan-2006) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings, Bethel and Brazil, over the partition of their deceased mother’s estate. Bethel argued that the estate should be divided equally between the two siblings, while Brazil argued that the estate should be divided according to the terms of their mother’s will. The court ultimately ruled in favor of Bethel, finding that the will was invalid and that the estate should be divided equally between the two siblings. The court also found that Brazil had acted in bad faith by attempting to use the will to gain an unfair advantage over Bethel.
Contact our Team of Experienced Partition Lawyers Serving the City of Half Moon Bay 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.
Our partition attorneys in Half Moon Bay also serve Montara, Moss Beach, El Granada, Princeton-by-the-Sea, Miramar, Pescadero.