Partition Actions in Menlo Park
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.
According to Zillow, the median home value in Menlo Park, California is $2,890,000 as of 2021. The population of Menlo Park, California is estimated to be 33,845.
Experienced Real Estate Partition Action Attorneys Serving Menlo Park
Talkov Law’s attorneys serving San Mateo 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 done 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:
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
- 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.
- 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.
- What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
Speak to Our Menlo Park Partition Attorneys Today
Call our San Mateo 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
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, County of San Mateo, California
Our Menlo Park 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 (650) 999-3300 or contact us online today.
Our partition attorneys in Menlo Park also serve Palo Alto, Redwood City, Atherton, Stanford, East Palo Alto, and Woodside
