Hillsborough Partition Lawyer

Partition Actions in Hillsborough

Hillsborough is a small, affluent town located in San Mateo County, California. It is situated on the San Francisco Peninsula, just south of San Francisco and north of San Jose. The town is known for its large estates, lush landscaping, and quiet, residential atmosphere. Hillsborough is home to many notable residents, including several tech billionaires and celebrities. The town is also home to several parks, including the popular Edgewood Park and Natural Preserve. Hillsborough is a great place to live for those looking for a peaceful, suburban lifestyle.

According to Zillow, the median home value in Hillsborough, San Mateo County, California is $3,717,400 as of 2021. According to the U.S. Census Bureau, the population of Hillsborough, California, as of July 1, 2019, was 11,541.

Experienced Real Estate Partition Action Attorneys Serving Hillsborough

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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.

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

• How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
• Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
• What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
• 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 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.