Partition Actions in Monte Sereno

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.

According to Zillow, the median home value in Monte Sereno, California is $2,845,000 as of 2021. As of the 2010 census, the population of Monte Sereno, California was 3,591.

Experienced Real Estate Partition Action Attorneys Serving Monte Sereno

Talkov Law’s attorneys serving Santa Clara County are exceptionally experienced in the area of California partition actions. California partition actions allows for the division of real property owned by two or more persons. This statute allows for the court to order the sale of the property and the division of the proceeds among the owners. The court may also order the property to be physically divided among the owners. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the court finds that a physical division of the property would be impractical or inequitable. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property. The legal effect of the California partition statute is that it allows for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
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 types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.

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.

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 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 at (408) 777-6800 or contact us online today.