Los Gatos Partition Lawyer

Partition Actions in Los Gatos

Los Gatos is a small town located in the San Francisco Bay Area of California. It is known for its quaint downtown area, which features a variety of shops, restaurants, and galleries. The town is also home to several wineries, and is a popular destination for wine tasting. Los Gatos is surrounded by beautiful redwood forests and is close to several state parks, making it a great spot for outdoor activities. The town is also home to several tech companies, including Netflix and Roku.

According to Zillow, the median home value in Los Gatos, California is $2,092,400 as of 2021. As of 2020, the population of the California area of Los Gatos is 33,890.

Experienced Real Estate Partition Action Attorneys Serving Los Gatos

Talkov Law’s attorneys serving Santa Clara 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 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.
  • 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 is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
  • How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
  • 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.

Speak to Our Los Gatos Partition Attorneys Today

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 (408) 777-6800 or contact us below to schedule a free, 15-minute consultation

    Solomon v. Redona – Partition Action Case Study

    In the legal case of Solomon v. Redona, 52 Cal.App. 300 (1921), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a piece of real estate that had been inherited from their father. The siblings had agreed to divide the property into two equal parts, but the plaintiff, Solomon, argued that the defendant, Redona, had failed to comply with the agreement and had taken more than her fair share of the property. The court found that Redona had indeed taken more than her fair share of the property and ordered her to pay damages to Solomon. The court also ordered the partition of the property in accordance with the agreement between the siblings.

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

    Our Los Gatos 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 (408) 777-6800 or contact us online today.

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