Experienced Partition Attorneys Serving Menlo Park
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 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:
- 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.
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- 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 Menlo Park Partition Attorneys Today
End your co-ownership in San Mateo County today. You don’t pay until the house is sold!
Call us at (650) 999-3300
Partition Actions in Menlo Park
Partitions are quite common in Menlo Park. According to Zillow, the median home value in Menlo Park, California is $2,890,000 as of 2021. As of 2020, the population of Menlo Park, California is estimated to be 33,845.
Menlo Park is a city located in San Mateo County, California, in the San Francisco Bay Area. It is located between San Francisco and San Jose, and is home to many tech companies, including Facebook, which is headquartered in the city. Menlo Park is known for its tree-lined streets, excellent schools, and vibrant downtown area. The city is also home to several parks, including Bedwell Bayfront Park, which offers stunning views of the bay. Menlo Park is a great place to live, work, and play.
San Fernando Farm Homestead Ass’n v. Porter – Partition Action Case Study
In the legal case of San Fernando Farm Homestead Ass’n v. Porter, 7 P.C.L.J. 791 (1881), the issue was whether a partition of a homestead was valid. The homestead was owned by a married couple, and the husband had died. The wife had then attempted to partition the homestead, but the partition was challenged by the husband’s heirs. The court held that the partition was invalid because the husband had not consented to it. The court reasoned that the husband’s consent was necessary because the homestead was held in joint tenancy, and the husband’s death had not severed the joint tenancy. Therefore, the court held that the partition was invalid and the homestead could not be divided.
Contact our Team of Experienced Partition Lawyers Serving the City of Menlo Park in the County of San Mateo, 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 (650) 999-3300 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Menlo Park, California serve San Mateo County and surrounding areas including Palo Alto, Redwood City, Atherton, Stanford, East Palo Alto, Woodside.
