Palo Alto Partition Attorney

Q: How Long Does a Partition Action Take in Palo Alto?

Most Palo Alto partition actions are typically resolved in approximately 7 months , as most cases conclude with either a buyout or an agreed sale. However, the duration can vary, taking more or less time depending on the complexity of the case and the willingness of the parties to reach an agreement.

Q: How Much Does a Partition Action Cost in Palo Alto?

The costs of a partition action —including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000 . While some cases may incur fees as low as $5,000 or exceed $20,000 , depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.

Q: Who Can File a Partition Action in Palo Alto?

A partition action can be filed by any co-owner of a property , excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.

Talkov Law’s attorneys serving Santa Clara County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. California partition actions allows for the division of real property owned by two or more persons. This statute allows for the court to order the sale of the property and the division of the proceeds among the owners. The court may also order the property to be physically divided among the owners. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the court finds that a physical division of the property would be impractical or inequitable. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property. The legal effect of the California partition statute is that it allows for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property.

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

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 are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
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.

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.

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

Call us at (650) 999-3300 or contact us below to schedule a free, 15-minute consultation

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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.

Frequently Asked Questions About Partitions in Palo Alto

How Long Does a Partition Action Take in Palo Alto?

Most Palo Alto partition actions are typically resolved in approximately 7 months, as most cases conclude with either a buyout or an agreed sale. However, the duration can vary, taking more or less time depending on the complexity of the case and the willingness of the parties to reach an agreement.

How Much Does a Partition Action Cost in Palo Alto?

The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.

Who Can File a Partition Action in Palo Alto?

A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.

Who Pays for a Partition Action?

In Palo Alto, 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).

Can a Partition Action Be Stopped in Palo Alto?

Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.

Contact our Team of Experienced Partition Lawyers Serving the City of Palo Alto, County of Santa Clara, California

Our Palo Alto partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov Law Partition Attorneys 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 (650) 999-3300 or contact us online today.

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