Talkov Law’s attorneys serving Alameda County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. 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 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.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- What is a partition action and when is it necessary?
- 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 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.
Piedmont is a small city located in the East Bay region of the San Francisco Bay Area in Alameda County, California. It is an affluent suburb of Oakland, and is known for its excellent schools, beautiful parks, and its small-town atmosphere. Piedmont is home to many of the Bay Area’s most affluent and influential residents, and is known for its high quality of life. The city is also home to a variety of shops, restaurants, and other businesses, as well as a number of cultural attractions. Piedmont is a great place to live, work, and play.
Speak to Our Piedmont 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
Shadab v. Goldberg – Partition Action Case Study
In the legal case of Shadab v. Goldberg, 2018 WL 4001767, 2D CIV. B277925 (22-Aug-2018) , the issue of partition was at the center of the dispute. The plaintiff, Shadab, owned a property with the defendant, Goldberg, as tenants in common. The plaintiff sought to partition the property, while the defendant sought to keep the property undivided. The court found that the plaintiff had a right to partition the property, and ordered the defendant to pay the plaintiff’s costs associated with the partition. The court also ordered the defendant to pay the plaintiff’s attorney’s fees. The court found that the defendant had acted in bad faith by refusing to agree to the partition, and that the plaintiff was entitled to compensation for the costs associated with the partition.
Frequently Asked Questions About Partitions in Piedmont
How Much Does a Partition Action Cost in Piedmont?
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 Piedmont?
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 Piedmont, 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 Piedmont?
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 Piedmont, County of Alameda, California
Our Piedmont 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 (510) 999-3300 or contact us online today.
