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. 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:
- How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
- 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.
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- 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.
- What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
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, County of Alameda, California
Our Hayward partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law 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 at (510) 999-3300 or contact us online today.
Our partition attorneys in Hayward also serve San Leandro, Castro Valley, Union City, Fremont, Newark, and San Lorenzo
