Monte Sereno Real Estate Partition Lawyer
Talkov Law’s attorneys serving Santa Clara County are exceptionally experienced in California partition actions and have conducted over 470 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:
- How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- 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 a partition action and when is it necessary?
- 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.
Monte Sereno is a small city located in Santa Clara County, California. It is situated in the foothills of the Santa Cruz Mountains, about 10 miles southwest of San Jose. The city has a population of approximately 3,500 people and covers an area of 2.2 square miles. Monte Sereno is known for its quiet, rural atmosphere and its beautiful views of the surrounding hills and valleys. The city is home to many affluent residents and is known for its excellent schools and low crime rate. The city is also home to several parks and trails, making it a great place to enjoy the outdoors.
Speak to Our Monte Sereno 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
Hammer v. Hammer – Partition Action Case Study
In the legal case of Hammer v. Hammer, 2013 WL 6667754, B243409 (18-Dec-2013) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a family-owned property. The siblings had inherited the property from their parents, and the dispute arose when one sibling wanted to sell the property and the other wanted to keep it. The court had to decide whether the property should be partitioned or sold, and if so, how the proceeds should be divided. The court ultimately decided that the property should be partitioned, with each sibling receiving an equal share of the proceeds. The court also ordered that the siblings should each pay their own costs associated with the partition.
Frequently Asked Questions About Partitions in Monte Sereno
How Much Does a Partition Action Cost in Monte Sereno?
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 Monte Sereno?
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 Monte Sereno, 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 Monte Sereno?
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 Monte Sereno, County of Santa Clara, California
Our Monte Sereno 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
