Los Altos Partition Attorney

Q: How Long Does a Partition Action Take in Los Altos?

Most Los Altos partition actions are typically resolved in approximately 7 months , as most cases conclude with either a buyout or an agreed sale. However, the duration can vary, taking more or less time depending on the complexity of the case and the willingness of the parties to reach an agreement.

Q: How Much Does a Partition Action Cost in Los Altos?

The costs of a partition action —including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000 . While some cases may incur fees as low as $5,000 or exceed $20,000 , depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.

Q: Who Can File a Partition Action in Los Altos?

A partition action can be filed by any co-owner of a property , excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.

Talkov Law’s attorneys serving Santa Clara County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. 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 partition must be done in a fair and equitable manner, and that the court must approve the partition before it can be enforced. The partition statutes also provide that the court may order the sale of the property if the co-owners cannot agree on a partition. 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.

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

What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
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.
What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.

Los Altos is a city located in the San Francisco Bay Area of California. It is situated in the foothills of the Santa Cruz Mountains, about 10 miles south of Palo Alto and 30 miles north of San Jose. The city is known for its excellent schools, high-end shopping, and beautiful parks. It is also home to many tech companies, including Google, Apple, and LinkedIn. Los Altos is a quiet, affluent community and is a great place to live, work, and play, with plenty of outdoor activities, cultural attractions, and dining options.

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

Call us at (650) 999-3300 or contact us below to schedule a free, 15-minute consultation

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Southern Cal. Title Clearing Co. v. Laws – Partition Action Case Study

In the legal case of Southern Cal. Title Clearing Co. v. Laws, 2 Cal.App.3d 586 (1969), the issue of partition was at the center of the dispute. The case involved a dispute between two parties over the ownership of a parcel of real property. The plaintiff, Southern Cal. Title Clearing Co., claimed that it was the sole owner of the property, while the defendant, Laws, claimed that he was a co-owner. The court found that the parties had entered into an oral agreement to partition the property, but that the agreement had not been properly executed. The court held that the partition agreement was invalid and that the parties were still co-owners of the property. The court also held that the plaintiff was not entitled to a partition of the property, as it had not been properly executed.

Frequently Asked Questions About Partitions in Los Altos

How Long Does a Partition Action Take in Los Altos?

Most Los Altos partition actions are typically resolved in approximately 7 months, as most cases conclude with either a buyout or an agreed sale. However, the duration can vary, taking more or less time depending on the complexity of the case and the willingness of the parties to reach an agreement.

How Much Does a Partition Action Cost in Los Altos?

The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.

Who Can File a Partition Action in Los Altos?

A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.

Who Pays for a Partition Action?

In Los Altos, 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 in Los Altos?

Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.

Contact our Team of Experienced Partition Lawyers Serving the City of Los Altos, County of Santa Clara, California

Our Los Altos partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov Law Partition Attorneys 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, call (650) 999-3300 or contact us online today.

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