Partition Actions in Millbrae
Millbrae is a city located in San Mateo County, California, just south of San Francisco. Millbrae is known for its beautiful views of the San Francisco Bay and its close proximity to San Francisco International Airport. The city is home to a variety of businesses, including retail stores, restaurants, and hotels. Millbrae is also home to several parks, including Millbrae Community Park, Millbrae Lions Park, and Millbrae Sports Complex. The city is served by the Millbrae School District, which includes two elementary schools, one middle school, and one high school. Millbrae is a great place to live, work, and play.
According to Zillow, the median home value in Millbrae, California is $1,541,400 as of 2021. As of the 2020 United States Census, the population of Millbrae, California was 22,945.
Experienced Real Estate Partition Action Attorneys Serving Millbrae
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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
- 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.
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
- What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
Williams v. Wells Fargo Bank & Union Trust Co. – Partition Action Case Study
In the legal case of Williams v. Wells Fargo Bank & Union Trust Co., 17 Cal.2d 104 (1941), the issue was whether a partition of real property could be made without the consent of all the owners. The plaintiff, Williams, owned a one-third interest in a parcel of real property with two other owners. Williams sought to partition the property, but the other two owners refused to consent. The trial court granted the partition, and the defendants appealed. The California Supreme Court held that a partition of real property could not be made without the consent of all the owners, and reversed the trial court’s decision. The court reasoned that a partition of real property is a fundamental alteration of the property, and thus requires the consent of all the owners.
Contact our Team of Experienced Partition Lawyers Serving the City of Millbrae 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.