Partition Actions in Palo Alto
Palo Alto is a city in the San Francisco Bay Area of California. It is located in the heart of Silicon Valley and is home to many of the world’s leading technology companies, including Hewlett-Packard, Tesla, and Google. Palo Alto is known for its excellent schools, vibrant culture, and beautiful natural surroundings. The city is also home to Stanford University, one of the world’s leading research universities. Palo Alto is a great place to live, work, and play, offering a variety of activities and attractions for all ages.
According to Zillow, the median home value in Palo Alto, California is $2,945,000. As of 2020, the population of the California area of Palo Alto is estimated to be 67,890.
Experienced Real Estate Partition Action Attorneys Serving Palo Alto
Talkov Law’s attorneys serving Santa Clara County are exceptionally experienced in the area of California partition actions. California partition actions allows for the division of real property among co-owners. This statute provides a legal mechanism for co-owners to divide their real property into separate interests. The partition statutes allow for the court to order a partition of the property, either by physically dividing the property or by selling the property and dividing the proceeds among the co-owners. The partition statutes also provide for the court to award damages to any co-owner who has been wrongfully excluded from the property. The partition statutes also allows for the court to award attorney’s fees and costs to the prevailing party.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
- 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 a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
Long v. Dollarhide – Partition Action Case Study
In the legal case of Long v. Dollarhide, 24 Cal. 218 (1864), the issue was whether a partition of land between two co-owners was valid. The court found that the partition was invalid because it was not made in good faith. The court held that a partition must be made in good faith and with the intention of dividing the land equally between the co-owners. The court also held that a partition must be made with the intention of dividing the land in a manner that is fair and equitable to both parties. The court found that the partition in this case was not made in good faith and was not fair and equitable to both parties.
Contact our Team of Experienced Partition Lawyers Serving the City of Palo Alto in the County of Santa Clara, 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 (650) 999-3300 or contact us online for a free consultation about your co-ownership issues.