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San Carlos Partition Lawyer

Partition Actions in San Carlos

San Carlos is a city in San Mateo County, California, located between San Francisco and San Jose. It is a small city of about 28,000 people, and is known for its quiet, suburban atmosphere. The city is home to many tech companies, including Oracle, Electronic Arts, and Symantec. San Carlos is also home to a variety of parks, trails, and open spaces, making it a great place for outdoor activities. The city is also known for its vibrant downtown area, which features a variety of restaurants, shops, and entertainment venues.

According to Zillow, the median home value in San Carlos, California is $1,717,400 as of 2021. As of 2020, the population of the San Carlos area of California is 28,406.

Experienced Real Estate Partition Action Attorneys Serving San Carlos

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:

  • 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.
  • 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 you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
  • How does a partition action work in California?
  • 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.

Speak to Our San Carlos 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

    Sousa v. Sinsheimer – Partition Action Case Study

    In the legal case of Sousa v. Sinsheimer, 62 Cal.App.2d 107 (1943), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a piece of real property. The plaintiff, Sousa, sought to partition the property, while the defendant, Sinsheimer, argued that partition was not possible because the property was held in joint tenancy. The court ultimately held that partition was not possible because the property was held in joint tenancy, and that the only way to divide the property was through a sale. The court also held that the plaintiff was not entitled to any compensation for his share of the property, as the defendant had already paid for the entire property. This case serves as an example of the difficulties that can arise when two co-owners of a piece of real property are unable to agree on how to divide the property.

    Contact our Team of Experienced Partition Lawyers Serving the City of San Carlos, County of San Mateo, California

    Our San Carlos 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 at (650) 999-3300 or contact us online today.

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