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. As of 2020, 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. 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:

Can a partition action be stopped? 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.
How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
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.
When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.

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 at (650) 999-3300 or contact us online today.