Partition Actions in San Ramon
San Ramon is a city located in the San Francisco Bay Area of California. It is situated in Contra Costa County, about 34 miles east of San Francisco. San Ramon is a vibrant and growing city, known for its excellent schools, parks, and recreational activities. San Ramon is home to several corporate headquarters, including Chevron, 24 Hour Fitness, and the Global Software Center. The city also boasts a variety of shopping, dining, and entertainment options. San Ramon is a great place to live, work, and play.
According to Zillow, the median home value in San Ramon, California is $1,072,400 as of 2021. As of 2020, the population of the San Ramon area of California is estimated to be 79,921.
Experienced Real Estate Partition Action Attorneys Serving San Ramon
Talkov Law’s attorneys serving Contra Costa 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:
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- What is a partition action and when is it necessary?
- 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 to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
- 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
Speak to Our San Ramon Partition Attorneys Today
Call our Contra Costa County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (925) 999-7700 or contact us below to schedule a free, 15-minute consultation
Kearney v. Taylor – Partition Action Case Study
In the legal case of Kearney v. Taylor, 56 U.S. 494 (1853), is a legal case that deals with the issue of partition. Partition is a legal process in which a court divides a piece of property among two or more parties. In this case, the plaintiff, Kearney, was the owner of a tract of land in the state of Missouri. The defendant, Taylor, was the owner of an adjoining tract of land. Kearney sought to have the court partition the two tracts of land, but Taylor objected, claiming that the two tracts of land were so intermingled that it was impossible to divide them. The court ultimately held that the two tracts of land could not be partitioned, and that Kearney was entitled to the entire tract of land. This case is important because it established the legal principle that when two tracts of land are so intermingled that it is impossible to divide them, the court will not order a partition.
Contact our Team of Experienced Partition Lawyers Serving the City of San Ramon in the County of Contra Costa, 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 (925) 999-7700 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in San Ramon also serve Danville, Alamo, Dublin, Pleasanton, and Walnut Creek.
