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San Mateo Partition Lawyer

Partition Actions in San Mateo

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.

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.

Experienced Real Estate Partition Action Attorneys Serving San Mateo

Talkov Law’s attorneys serving San Mateo 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 will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
  • Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
  • What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
  • 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 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 Mateo 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

    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, County of San Mateo, California

    Our San Mateo 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 at (650) 999-3300 or contact us online today.

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