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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:

  • 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 long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
  • Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
  • 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.
  • What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.

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 52 customer reviews.

    Contact Us Today for a Free Consultation & Pay No Retainer

    Call Talkov Law to discuss having your legal fees paid from the proceeds of sale of your property and no money down

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