Talkov Law’s attorneys serving San Mateo County are exceptionally experienced in California partition actions and have conducted over 430 partitions for our satisfied clients. 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 to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- 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.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
San Mateo County is a county located in the San Francisco Bay Area of California. It is the seventh most populous county in the state and the third most populous in the Bay Area. The county seat is Redwood City. San Mateo County is home to a variety of attractions, including the San Francisco Bay National Wildlife Refuge, the Half Moon Bay State Beach, and the Crystal Springs Reservoir. The county is also home to several major tech companies, including Oracle, Electronic Arts, and Facebook. San Mateo County is known for its diverse population, with a mix of cultures and backgrounds. The county is also known for its excellent schools, with some of the highest test scores in the state.
Speak to Our San Mateo County Partition Attorneys Today
Call our San Mateo County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (650) 999-3300 or contact us below to schedule a free, 15-minute consultation
Balkins v. Norrby – Partition Action Case Study
In the legal case of Balkins v. Norrby, 64 Cal.App.2d 848 (1944), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, Balkins, sought to partition the property, while the defendant, Norrby, argued that the property should not be partitioned. The court ultimately held that the property should be partitioned, but that the partition should be made in such a way that the interests of both parties were taken into account. The court also held that the partition should be made in such a way that the interests of the public were taken into account. The court also held that the partition should be made in such a way that the interests of the parties were not unduly prejudiced.
Frequently Asked Questions About Partitions in San Mateo County
How Much Does a Partition Action Cost in San Mateo County?
The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.
Who Can File a Partition Action in San Mateo County?
A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.
Who Pays for a Partition Action?
In San Mateo County, 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).
Can a Partition Action Be Stopped in San Mateo County?
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.
Contact our Team of Experienced Partition Lawyers Serving San Mateo County, California
Our San Mateo County partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov Law Partition Attorneys 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 (650) 999-3300 or contact us online today.
