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. 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- 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.
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
- 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
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.