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. 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. 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:
- How does a partition action work in California?
- 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.
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
- What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
Speak to Our San Leandro Partition Attorneys Today
Call our Alameda County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (510) 999-3300 or contact us below to schedule a free, 15-minute consultation
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, County of Alameda, California
Our San Leandro partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law unlocks access to justice for co-owners by funding your case. For qualified cases, you pay no fees until we successfully partition your property by obtaining a sale on the market or to your co-owner! For a free consultation with California’s first and largest team of partition attorneys at Talkov Law, call (510) 999-3300 or contact us online today.
Our partition attorneys in San Leandro also serve Oakland, Hayward, Castro Valley, San Lorenzo, Alameda, Union City, and Fremont
