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San Jose Partition Lawyer

Partition Actions in San Jose

San Jose is the largest city in Northern California and the 10th largest city in the United States. It is located in the heart of Silicon Valley, the world’s leading hub for technology and innovation. San Jose is home to many of the world’s leading tech companies, including Apple, Google, and Adobe. The city is also known for its vibrant culture, diverse population, and beautiful scenery. San Jose is a great place to live, work, and play, with plenty of attractions, restaurants, and entertainment options.

According to Zillow, the median home value in San Jose, California is $1,072,400 as of 2021. As of 2020, the population of the San Jose area of California is 1,030,119.

Experienced Real Estate Partition Action Attorneys Serving San Jose

Talkov Law’s attorneys serving Santa Clara 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:

  • 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.
  • 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.
  • Can a partition action be stopped? Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
  • What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
  • 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.

Speak to Our San Jose Partition Attorneys Today

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

Call us at (408) 777-6800 or contact us below to schedule a free, 15-minute consultation

    Ashley v. Chinen – Partition Action Case Study

    In the legal case of Ashley v. Chinen, Not Reported in Cal.Rptr.2d (2002), the court was tasked with determining the validity of a partition agreement between two parties. The agreement was made between the plaintiff, Ashley, and the defendant, Chinen, and it stated that Ashley would receive a portion of the property in exchange for her relinquishing her interest in the remainder of the property. The court found that the agreement was invalid because it was not properly executed. Specifically, the court found that the agreement did not contain the signatures of both parties, and that it was not properly witnessed or notarized. Additionally, the court found that the agreement was not properly recorded in the county records, as required by law. As a result, the court held that the agreement was invalid and unenforceable.

    Contact our Team of Experienced Partition Lawyers Serving the City of San Jose in the County of Santa Clara, 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 (408) 777-6800 or contact us online for a free consultation about your co-ownership issues.

    Talkov Law San Jose Office

    99 S. Almaden Blvd Suite 600
    San Jose, CA 95113
    Phone: (408) 777-6800

    Our partition attorneys in San Jose also serve Willow Glen, Almaden Valley, Cambrian Park, Rose Garden, Berryessa, Evergreen, Downtown San Jose, West San Jose, East San Jose, North San Jose, South San Jose, and Santa Clara.

    Talkov Law is Rated 5 out of 5 stars based on 53 customer reviews.

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