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. 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. 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 feasible, 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 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.
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- What is a partition action and when is it necessary?
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, call (408) 777-6800 or contact us online today.
Talkov Law San Jose Office
99 S. Almaden Blvd Suite 600
San Jose, CA 95113
Phone: (408) 777-6800
Our partition attorneys in Los Gatos also serve San Jose, Campbell, Saratoga, Cupertino, Santa Clara, Los Altos, Mountain View, Monte Sereno, and Santa Cruz
