Partition Actions in Portola Valley
Portola Valley is a small town located in San Mateo County, California. It is situated in the foothills of the Santa Cruz Mountains, about 9 miles west of Palo Alto. The town is known for its rural atmosphere, with large lots and expansive views of the surrounding hills. It is home to many affluent residents, and is known for its excellent schools and low crime rate. The town is also home to several parks and trails, making it a popular destination for outdoor recreation.
According to Zillow, the median home value in Portola Valley, California is $2,945,000 as of 2021. As of the 2020 census, the population of Portola Valley, California was 4,837.
Experienced Real Estate Partition Action Attorneys Serving Portola Valley
Talkov Law’s attorneys serving San Mateo 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:
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
- 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.
- 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.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
Becker v. Becker – Partition Action Case Study
In the legal case of Becker v. Becker, 2016 WL 1651698, B248007 (25-Apr-2016) , the issue of partition was at the center of the dispute. The parties were unable to agree on how to divide the property they jointly owned, and the court was asked to intervene. The court found that the parties had failed to reach an agreement on the partition of the property, and that the court would have to make a decision on the matter. The court determined that the property should be divided in a manner that was fair and equitable to both parties, taking into account the interests of each party. The court also noted that the parties should be given the opportunity to present evidence and arguments in support of their respective positions. Ultimately, the court ordered the property to be divided in a manner that was fair and equitable to both parties.
Contact our Team of Experienced Partition Lawyers Serving the City of Portola Valley in the County of San Mateo, 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.