San Francisco Partition Lawyer

Partition Actions in San Francisco

San Francisco is a vibrant and diverse city located in Northern California. It is known for its iconic landmarks, such as the Golden Gate Bridge, Alcatraz Island, and the cable cars. It is also home to a thriving tech industry, with many tech companies based in the city. San Francisco is a popular tourist destination, with its many attractions, restaurants, and cultural events. The city is also known for its progressive values, with a strong focus on social justice and environmental sustainability.

According to Zillow, the median home value in San Francisco, California is $1,323,400 as of 2021. As of 2019, the population of the San Francisco metropolitan area was estimated to be 4,729,484.

Experienced Real Estate Partition Action Attorneys Serving San Francisco

Talkov Law’s attorneys serving San Francisco 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:

• 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
• How does a partition action work in California?
• 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.
• How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
• What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.