Partition Actions in Livermore
Livermore is a city in Alameda County, California, located in the East Bay region of the San Francisco Bay Area. It is the most populous city in the Tri-Valley region. The city is known for its wineries, its historic downtown, and its proximity to the Livermore Valley Wine Country. It is also home to Lawrence Livermore National Laboratory, one of the largest science and technology research centers in the world. The city is a popular destination for outdoor recreation, with its many parks, trails, and open spaces. It is also home to a vibrant arts and culture scene, with a variety of galleries, museums, and performing arts venues.
According to Zillow, the median home value in Livermore, California is $817,400 as of 2021. As of 2020, the population of the Livermore, California area is estimated to be 91,819.
Experienced Real Estate Partition Action Attorneys Serving Livermore
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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- 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.
- 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 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.
Heinze v. Butte & B. Consol. Min. Co. – Partition Action Case Study
In the legal case of Heinze v. Butte & B. Consol. Min. Co., 126 F. 1 (1903), the issue was whether a partition of a mining claim was valid. The plaintiff, Heinze, had purchased a mining claim from the defendant, Butte & B. Consol. Min. Co., and then proceeded to partition the claim into two separate claims. The defendant argued that the partition was invalid because it was not done in accordance with the mining laws of the state. The court ultimately held that the partition was valid, as the mining laws did not explicitly prohibit such a partition.
Contact our Team of Experienced Partition Lawyers Serving the City of Livermore 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 (925) 999-7700 or contact us online for a free consultation about your co-ownership issues.