Experienced Partition Attorneys Serving San Mateo
Talkov Law’s attorneys serving San Mateo County are exceptionally experienced in the area of California partition actions. California partition actions allows for the division of real property owned by two or more persons. This statute allows for the court to order the sale of the property and the division of the proceeds among the owners. The court may also order the property to be physically divided among the owners. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the court finds that a physical division of the property would be impractical or inequitable. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property. The legal effect of the California partition statute is that it allows for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
- 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.
- 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.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- 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.
Speak to Our San Mateo Partition Attorneys Today
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Partition Actions in San Mateo
Partitions are quite common in San Mateo. According to Zillow, the median home value in San Mateo, California is $1,541,400 as of 2021. As of July 1, 2019, the population of San Mateo, California was 764,922.
San Mateo is a city located in the San Francisco Bay Area of California. It is located in San Mateo County, just south of San Francisco and north of Silicon Valley. San Mateo is a vibrant and diverse city that is home to a variety of businesses, including tech companies, financial institutions, and healthcare providers. The city is known for its excellent schools, parks, and recreational activities. San Mateo is also home to a number of cultural attractions, including the San Mateo County History Museum, the San Mateo Japanese Garden, and the San Mateo Performing Arts Center. With its close proximity to San Francisco and Silicon Valley, San Mateo is an ideal place to live, work, and play.
Goodenow v. Ewer – Partition Action Case Study
In the legal case of Goodenow v. Ewer, 16 Cal. 461 (1860), the California Supreme Court was asked to decide a dispute over the partition of a parcel of land. The dispute arose when the two parties, Goodenow and Ewer, each claimed ownership of the same parcel of land. The court had to determine which party had the right to the land and how to divide it between them. The court held that the land should be divided according to the original survey, with each party receiving an equal share. The court also held that the parties should bear the costs of the partition in proportion to their respective interests in the land. The court’s decision established the principle that when two parties have conflicting claims to the same parcel of land, the court should divide the land according to the original survey and that the parties should bear the costs of the partition in proportion to their respective interests in the land.
Contact our Team of Experienced Partition Lawyers Serving the City of San Mateo in the County of San Mateo, 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 (650) 999-3300 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in San Mateo, California serve San Mateo County and surrounding areas including Foster City, Belmont, Burlingame, Hillsborough, San Carlos, Redwood City, Menlo Park, Palo Alto.