Talkov Law’s attorneys serving Santa Clara County are exceptionally experienced in California partition actions and have conducted over 400 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 different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- 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 long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 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.
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
Mountain View is a city located in Santa Clara County, California, in the San Francisco Bay Area. It is one of the major cities in Silicon Valley and is home to many of the world’s largest technology companies, including Google, LinkedIn, and Symantec. The city is known for its vibrant downtown area, which features a variety of restaurants, shops, and entertainment venues. Mountain View also has a number of parks and trails, as well as a thriving arts and culture scene. The city is also home to the Computer History Museum, which showcases the history of computing and technology.
Speak to Our Mountain View 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 (650) 999-3300 or contact us below to schedule a free, 15-minute consultation
In re Knox’ Estate – Partition Action Case Study
In the legal case of In re Knox’ Estate, 52 Cal.App.2d 338 (1942), is a legal case that deals with the issue of partition of property. The case involved a dispute between two siblings, Mary and William Knox, over the partition of their father’s estate. Mary claimed that she was entitled to a one-half interest in the estate, while William argued that he was entitled to the entire estate. The court found that Mary was entitled to a one-half interest in the estate, and ordered a partition of the estate. The court also held that Mary was entitled to a one-half interest in the proceeds of the sale of the estate, and that William was entitled to the other one-half. The court also held that Mary was entitled to a one-half interest in the rents and profits of the estate, and that William was entitled to the other one-half. The court also ordered that the partition be made in accordance with the laws of the state of California.
Frequently Asked Questions About Partitions in Mountain View
How Much Does a Partition Action Cost in Mountain View?
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 Mountain View?
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 Mountain View, 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 Mountain View?
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 Mountain View, County of Santa Clara, California
Our Mountain View 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 (650) 999-3300 or contact us online today.
Talkov Law San Jose Office
99 S. Almaden Blvd Suite 600
San Jose, CA 95113
Phone: (408) 777-6800
