Partition Actions in San Leandro
San Leandro is a city located in the East Bay region of the San Francisco Bay Area in California. It is situated along the eastern shore of San Francisco Bay, between Oakland and Hayward. The city is home to a variety of businesses, including the San Leandro Marina, the San Leandro Tech Campus, and the San Leandro Shopping Center. San Leandro is also home to several parks, including the San Leandro Creek Trail, the San Leandro Shoreline Recreation Area, and the San Leandro Historical Museum. The city is known for its vibrant arts and culture scene, with a variety of galleries, museums, and performing arts venues. San Leandro is also home to several annual festivals and events, including the San Leandro Cherry Festival and the San Leandro Art & Wine Festival.
According to Zillow, the median home value in San Leandro, California is $717,400 as of 2021. As of 2020, the population of San Leandro, California is estimated to be 89,857.
Experienced Real Estate Partition Action Attorneys Serving San Leandro
Talkov Law’s attorneys serving Alameda County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
- 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.
Hepburn & Dundas v. Auld – Partition Action Case Study
In the legal case of Hepburn & Dundas v. Auld, 5 Cranch 262 (1809), the issue was whether a partition of land could be made between two parties who had conflicting claims to the same land. The court held that a partition could not be made between the two parties because the land was held in common by both parties, and the court found that a partition would be inequitable and would not be in the best interests of either party. The court also found that the parties had not agreed to a partition, and that the partition would be contrary to the terms of the deed. The court concluded that the parties must either agree to a partition or litigate their respective claims in court.
Contact our Team of Experienced Partition Lawyers Serving the City of San Leandro in the County of Alameda, 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 (510) 999-3300 or contact us online for a free consultation about your co-ownership issues.