Partition Actions in San Bruno
San Bruno is a city in San Mateo County, California, located in the San Francisco Bay Area. It is located between South San Francisco and Millbrae, and is approximately 12 miles south of San Francisco and 20 miles north of San Jose. San Bruno is known for its diverse population, excellent schools, and its proximity to the San Francisco International Airport. The city is home to a variety of businesses, including retail stores, restaurants, and corporate offices. San Bruno is also home to the Tanforan Shopping Center, which is one of the largest shopping centers in the Bay Area. The city is also home to the San Bruno Mountain State Park, which offers a variety of outdoor activities, including hiking, biking, and horseback riding.
According to Zillow, the median home value in San Bruno, California is $1,072,400 as of 2021. As of the 2020 United States Census, the population of San Bruno, California was 44,912.
Experienced Real Estate Partition Action Attorneys Serving San Bruno
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:
- How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
- What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
- 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 is a partition action and when is it necessary?
- 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.
Potrero Nuevo Land Co. v. All Persons Claiming Interest in the Real Property Described – Partition Action Case Study
In the legal case of Potrero Nuevo Land Co. v. All Persons Claiming Interest in the Real Property Described, 29 Cal.App. 743 (1916), the issue of partition was at the center of the dispute. The case involved a dispute between two parties over the ownership of a parcel of land. The plaintiff, Potrero Nuevo Land Co., claimed to be the sole owner of the land, while the defendants, All Persons Claiming Interest in the Real Property Described, argued that they had an interest in the land as well. The court found that the defendants had a valid claim to the land, and that the plaintiff had failed to prove its exclusive ownership. The court then ordered a partition of the land, which would divide the land into two separate parcels, one for each party. The court also ordered that the plaintiff pay the defendants for their share of the land. This case highlights the importance of partition in resolving disputes over land ownership.
Contact our Team of Experienced Partition Lawyers Serving the City of San Bruno 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.