Experienced Partition Attorneys Serving Milpitas
Talkov Law’s attorneys serving Santa Clara 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 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 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 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 is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
- 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.
- 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.
Speak to Our Milpitas Partition Attorneys Today
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Partition Actions in Milpitas
Partitions are quite common in Milpitas. According to Zillow, the median home value in Milpitas, California is $1,072,400 as of 2021. As of 2020, the population of the California area of Milpitas is estimated to be 79,945.
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.
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.
Contact our Team of Experienced Partition Lawyers Serving the City of Milpitas in the County of Santa Clara, 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 (408) 777-6800 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Milpitas, California serve Santa Clara County and surrounding areas including San Jose, Fremont, Santa Clara, Sunnyvale, Mountain View, Palo Alto.