San Jose Partition Lawyer

Partition Action Attorneys in San Jose

Los Angeles, the largest city in California and second-largest in the U.S., is located on the Southern California coast. Known for its Mediterranean climate and vibrant entertainment industry, the city also boasts iconic landmarks like the Hollywood Sign and Griffith Observatory.

As a major center for business, finance, and education, Los Angeles thrives culturally, yet its housing market faces significant challenges amidst rising property values and limited supply.

Rising property values, a limited housing supply, and ever-growing demand have created a complex real estate environment. These factors make property ownership disputes increasingly common, underscoring the importance of legal strategies like partition actions to ensure fair resolutions for co-owners navigating Los Angeles’ competitive and evolving housing market.According to Zillow’s Home Value Index, as of mid-2024, the average home price in Los Angeles is around $956,844, reflecting a 4.7% year-over-year increase.

Talkov Law’s attorneys serving Santa Clara County are exceptionally experienced in California partition actions and have conducted over 370 successful partitions for our satisfied clients. 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 feasible, 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:

• Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
• Who pays for a partition action? In California, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
• 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.
• 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 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.