Santa Clara County Partition Lawyer

Partition Actions in Santa Clara County

Santa Clara County is a county located in the U.S. state of California. It is located at the southern end of the San Francisco Bay Area, and is one of the most populous counties in the state. The county seat is San Jose, the tenth-most populous city in the United States. Santa Clara County is home to Silicon Valley, the center of the world’s technology industry. It is also home to Stanford University, one of the world’s most prestigious universities. The county is also home to several national parks, including Big Basin Redwoods State Park, Henry W. Coe State Park, and Mount Umunhum. Santa Clara County is known for its diverse population, with a mix of cultures, languages, and religions. It is also known for its excellent public schools, and its vibrant economy.

According to Zillow, the median home value in Santa Clara County, California is $1,092,400 as of 2021. As of July 1, 2019, the population of Santa Clara County, California was 1,917,717.

Experienced Real Estate Partition Action Attorneys Serving Santa Clara County

Talkov Law’s attorneys serving Santa Clara 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 sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

  • Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
  • 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 heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
  • What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
  • Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.

Speak to Our Santa Clara County Partition Attorneys Today

Call our Santa Clara County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (408) 777-6800 or contact us below to schedule a free, 15-minute consultation

    Akhbari v. Nateghi – Partition Action Case Study

    In the legal case of Akhbari v. Nateghi, Not Reported in Cal.Rptr.2d (2002), the issue of partition was at the center of the dispute. The plaintiff, Akhbari, owned a one-half interest in a piece of real property with the defendant, Nateghi. Akhbari sought to partition the property, while Nateghi argued that the property was held in joint tenancy and could not be partitioned. The court ultimately held that the property was held in joint tenancy and could not be partitioned. The court reasoned that the parties had not taken any action to sever the joint tenancy, and that the joint tenancy was still in effect. The court also noted that the parties had not taken any action to convert the joint tenancy into a tenancy in common, which would have allowed for partition. As a result, the court held that the property could not be partitioned.

    Contact our Team of Experienced Partition Lawyers Serving Santa Clara County, California

    Our Santa Clara County 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 (408) 777-6800 or contact us online today.

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    99 S. Almaden Blvd Suite 600
    San Jose, CA 95113
    Phone: (408) 777-6800

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