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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 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:

  • What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
  • 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
  • What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
  • Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
  • Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.

Speak to Our San Francisco Partition Attorneys Today

Call our San Francisco County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (415) 966-3300 or contact us below to schedule a free, 15-minute consultation

    Baldwin v. Foster – Partition Action Case Study

    In the legal case of Baldwin v. Foster, 157 Cal. 643 (1910), the issue was whether a partition of a parcel of land was valid. The plaintiff, Baldwin, owned a parcel of land with his brother, Foster. The two brothers agreed to divide the land into two parts, with Baldwin taking the northern portion and Foster taking the southern portion. However, Foster then sold his portion of the land to a third party without Baldwin’s consent. Baldwin then sued Foster, arguing that the partition was invalid and that Foster had no right to sell his portion of the land without Baldwin’s consent. The court ultimately ruled in favor of Baldwin, finding that the partition was invalid and that Foster had no right to sell his portion of the land without Baldwin’s consent.

    Contact our Team of Experienced Partition Lawyers Serving the City of San Francisco in the County of San Francisco, 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 (415) 966-3300 or contact us online for a free consultation about your co-ownership issues.

     

    Talkov Law San Francisco:
    50 California St, Ste 1500
    San Francisco, CA 94111
    Phone: (415) 966-3300
    Email: info(at)talkovlaw.com

    Our partition attorneys in San Francisco also serve Oakland, Berkeley, Daly City, San Mateo, Burlingame, and Sausalito, and more.

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