Newark Partition Lawyer

Partition Actions in Newark

Newark is a city located in the San Francisco Bay Area of California. It is located in Alameda County and is part of the East Bay region. It is home to a variety of businesses, including technology companies, retail stores, and restaurants. The city is known for its excellent schools, parks, and recreational activities. Newark is also home to the University of California, Berkeley, and the Lawrence Livermore National Laboratory. The city is a great place to live, work, and play.

According to Zillow, the median home value in Newark, California is $717,400 as of 2021. As of 2020, the population of the California area of Newark, California is estimated to be around 5,845 people.

Experienced Real Estate Partition Action Attorneys Serving Newark

Talkov Law’s attorneys serving Alameda 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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.

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

  • How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
  • Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
  • What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
  • 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.
  • 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.

Speak to Our Newark Partition Attorneys Today

Call our Alameda County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (510) 999-3300 or contact us below to schedule a free, 15-minute consultation

    O’Reilly v. Orradre – Partition Action Case Study

    In the legal case of O’Reilly v. Orradre, 208 Cal.App.2d 203 (1962), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, O’Reilly, sought to partition the property, while the defendant, Orradre, argued that partition was not necessary because the two co-owners had an agreement that the property would remain undivided. The court ultimately held that partition was necessary, as the agreement between the two co-owners was not binding and did not prevent partition. The court also held that the plaintiff was entitled to a partition of the property, as the defendant had failed to show any legal or equitable reason why partition should not be allowed.

    Contact our Team of Experienced Partition Lawyers Serving the City of Newark, County of Alameda, California

    Our Newark 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 (510) 999-3300 or contact us online today.

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