Talkov Law’s attorneys serving Santa Clara County are exceptionally experienced in California partition actions and have conducted over 450 partitions for our satisfied clients. 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 sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- 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.
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
- 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.
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
Milpitas is a city in Santa Clara County, California, located in the San Francisco Bay Area. It is situated between the cities of San Jose and Fremont, and is part of the Silicon Valley. Milpitas is home to a diverse population and is known for its vibrant culture, excellent schools, and numerous parks and recreational facilities. The city is also home to a number of tech companies, including Cisco Systems, Maxtor, and SanDisk. Milpitas is a great place to live, work, and play, and offers a variety of activities and attractions for all ages.
Speak to Our Milpitas 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
Hummel v. First National Bank – Partition Action Case Study
In the legal case of Hummel v. First National Bank, 191 Cal.App.3d 489 (1987), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings, the plaintiff and the defendant, over the ownership of a parcel of real property that had been inherited from their father. The plaintiff argued that the property should be partitioned, while the defendant argued that the property should remain undivided. The court ultimately held that the property should be partitioned, finding that the plaintiff had a right to partition the property under California law. The court also found that the defendant had failed to show that partition would be inequitable or that the property should remain undivided.
Frequently Asked Questions About Partitions in Milpitas
How Much Does a Partition Action Cost in Milpitas?
The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.
Who Can File a Partition Action in Milpitas?
A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.
Who Pays for a Partition Action?
In Milpitas, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
Can a Partition Action Be Stopped in Milpitas?
Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
Contact our Team of Experienced Partition Lawyers Serving the City of Milpitas, County of Santa Clara, California
Our Milpitas partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov Law Partition Attorneys 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
Serving Areas Throughout California
San Jose, Fremont, Santa Clara, Sunnyvale, Mountain View, Palo Alto, Berryessa, Alviso, and North San Jose
