Partition Actions in Piedmont
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.
According to Zillow, the median home value in Piedmont, California is $2,717,400 as of 2021. As of 2020, the population of the California area of Piedmont is 10,667.
Experienced Real Estate Partition Action Attorneys Serving Piedmont
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:
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- 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).
- 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.
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
- 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.
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.
Contact our Team of Experienced Partition Lawyers Serving the City of Piedmont 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 Piedmont also serve Montclair, Rockridge, Temescal, Glenview, and Oakland Hills.