Experienced Partition Attorneys Serving Oakland
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 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 is that these statutes provide 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:
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
- Who pays for a partition action? In California, 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).
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Partition Actions in Oakland
Partitions are quite common in Oakland. According to Zillow, the median home value in Oakland, California is $719,400 as of 2021. As of 2020, the population of Oakland, California is estimated to be 433,031.
Oakland is a major West Coast port city located in the San Francisco Bay Area of California. It is the largest city in the East Bay region and the third largest city in the state. Oakland is known for its diverse population, vibrant culture, and beautiful natural surroundings. The city is home to a variety of attractions, including the Oakland Zoo, the Oakland Museum of California, and the Chabot Space and Science Center. Oakland is also home to several professional sports teams, including the Oakland Athletics, the Oakland Raiders, and the Golden State Warriors. The city is also a major hub for the tech industry, with many tech companies having offices in the area. Oakland is a great place to live, work, and play, and is a great destination for visitors looking to explore the Bay Area.
Bloom v. Gordan – Partition Action Case Study
In the legal case of Bloom v. Gordan, 150 Cal. 762 (1907), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a piece of real estate. The plaintiff, Bloom, sought to partition the property, while the defendant, Gordan, argued that the property should not be partitioned. The court ultimately ruled in favor of Bloom, finding that the property should be partitioned. The court held that the co-owners had a right to partition the property, and that the partition should be made in accordance with the terms of the deed. The court also held that the partition should be made in a manner that would be fair and equitable to both parties.
Contact our Team of Experienced Partition Lawyers Serving the City of Oakland 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.
Our partition attorneys in Oakland, California serve Alameda County and surrounding areas including Berkeley, Alameda, Emeryville, Piedmont, San Leandro, Hayward.