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Redwood City Partition Lawyer

Partition Actions in Redwood City

Redwood City is a city located in San Mateo County, California, approximately 27 miles south of San Francisco. It is the county seat of San Mateo County and is the home of several major technology companies, including Oracle, Electronic Arts, and Box. Redwood City is known for its vibrant downtown area, which features a variety of restaurants, shops, and entertainment venues. The city is also home to several parks, including the Redwood Regional Park, which offers hiking, biking, and horseback riding trails. Redwood City is a great place to live, work, and play, and is a popular destination for visitors from all over the world.

According to Zillow, the median home value in Redwood City, California is $1,541,400 as of 2021. As of 2020, the population of Redwood City, California is estimated to be 88,817.

Experienced Real Estate Partition Action Attorneys Serving Redwood City

Talkov Law’s attorneys serving San Mateo 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:

  • Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
  • 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).
  • 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.
  • 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.
  • What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.

Speak to Our Redwood City Partition Attorneys Today

Call our San Mateo 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

    Hirschberg v. Oser – Partition Action Case Study

    In the legal case of Hirschberg v. Oser, 82 Cal.App.2d 282 (1947), the issue was whether a partition of a jointly owned property was valid. The court found that the partition was invalid because the deed of partition was not properly executed. The deed of partition was not signed by both parties, and the court found that the deed was not properly executed because it was not signed by both parties. Furthermore, the court found that the deed of partition was not properly recorded, as it was not filed with the county recorder. As a result, the court found that the partition was invalid and that the property remained jointly owned by the parties.

    Contact our Team of Experienced Partition Lawyers Serving the City of Redwood City 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.

    Our partition attorneys in Redwood City also serve North Fair Oaks, Atherton, Menlo Park, Woodside, Emerald Hills, San Carlos, Belmont, and Foster City.

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