Partition Actions in Mountain View
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.
According to Zillow, the median home value in Mountain View, California is $1,890,000 as of 2021. The population of Mountain View, California is 82,739.
Experienced Real Estate Partition Action Attorneys Serving Mountain View
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 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.
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
- 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.
- 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 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.
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.
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 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
Our partition attorneys in Mountain View also serve Palo Alto, Sunnyvale, Cupertino, Los Altos, Menlo Park, and Redwood City
