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. 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 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.
- 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.
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- 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.
- What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
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 in the County of Alameda, California.
Our partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Call the experienced real estate partition attorneys at Talkov Law at (510) 999-3300 or contact us online for a free consultation about your co-ownership issues.