Hayward Partition Lawyer

Partition Action Attorneys 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.

Talkov Law’s attorneys serving Alameda County are exceptionally experienced in California partition actions and have conducted over 370 successful partitions for our satisfied clients. California partition actions allows for the division of real property among co-owners. This statute provides a legal mechanism for co-owners to divide their real property into separate interests. The partition statutes allow for the court to order a partition of the property, either by physically dividing the property or by selling the property and dividing the proceeds among the co-owners. The partition statutes also provide for the court to award damages to any co-owner who has been wrongfully excluded from the property. The partition statutes also allows for the court to award attorney’s fees and costs to the prevailing party.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

• Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
• Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
• 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 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.
• Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.