Partition Actions in Oakland
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.
According to Zillow, the median home value in Oakland, California is $719,400 as of 2021. The population of Oakland, California is estimated to be 433,031.
Experienced Real Estate Partition Action Attorneys Serving Oakland
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:
- What is a partition action and when is it necessary?
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
- 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.
- 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.
Speak to Our Oakland 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
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, County of Alameda, California
Our Oakland 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 (510) 999-3300 or contact us online today.
Our partition attorneys in Oakland also serve Berkeley, Alameda, Emeryville, Piedmont, San Leandro, and Hayward
