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Hayward Partition Lawyer

Partition Actions in Hayward

Hayward is a city located in the East Bay region of the San Francisco Bay Area in Alameda County, California. It is the sixth-largest city in the Bay Area and the third-largest in Alameda County. Hayward is known for its many parks, its vibrant downtown, and its proximity to the San Francisco Bay. The city is home to California State University, East Bay, and is a major hub for the Bay Area’s transportation network. Hayward is also home to a variety of businesses, including several major corporations, and is a popular destination for shopping, dining, and entertainment.

According to Zillow, the median home value in Hayward, California is $717,400 as of 2021. As of 2020, the population of the California area of Hayward is estimated to be 153,788.

Experienced Real Estate Partition Action Attorneys Serving Hayward

Talkov Law’s attorneys serving Alameda 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:

  • What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
  • What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
  • How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
  • What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
  • What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.

Speak to Our Hayward Partition Attorneys Today

Call our Alameda County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (510) 999-3300 or contact us below to schedule a free, 15-minute consultation

    Cummings v. Dessel – Partition Action Case Study

    In the legal case of Cummings v. Dessel, 13 Cal.App.5th 589 (2017), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, and the siblings had agreed to partition the home, with one sibling taking the upstairs portion and the other taking the downstairs portion. However, the siblings had not been able to agree on the terms of the partition, and the dispute had gone to court. The court had to decide whether the siblings had the right to partition the home, and if so, how the partition should be accomplished. The court also had to decide whether the siblings had the right to sell the home and divide the proceeds, or if the home should remain in the family. The court ultimately ruled that the siblings had the right to partition the home, and that the partition should be accomplished by a sale of the home and a division of the proceeds.

    Contact our Team of Experienced Partition Lawyers Serving the City of Hayward in the County of Alameda, 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 (510) 999-3300 or contact us online for a free consultation about your co-ownership issues.

    Our partition attorneys in Hayward also serve San Lorenzo, Castro Valley, Union City, Fremont, and San Leandro.

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