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. 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. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
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.
- 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.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- What is a partition action and when is it necessary?
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
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, 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 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 Piedmont also serve Oakland, Berkeley, Emeryville, Alameda, Montclair, Rockridge, Temescal, Glenview, and Oakland Hills
