Experienced Partition Attorneys Serving Santa Clara County
Talkov Law’s attorneys serving Santa Clara 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 done 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:
- 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 is a partition action and when is it necessary?
- What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
- How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- 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.
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Partition Actions in Santa Clara County
Partitions are quite common in Santa Clara County. 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.
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.
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 the Santa Clara County County in the County of Santa Clara, 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 (408) 777-6800 or contact us online for a free consultation about your co-ownership issues.
Talkov Law San Jose Office
99 S. Almaden Blvd Suite 600
San Jose, CA 95113
Phone: (408) 777-6800
Our partition attorneys in Santa Clara County also serve the nearby areas of Alameda County, San Mateo County, Santa Cruz County, San Joaquin County, Stanislaus County including San Jose, Sunnyvale, Santa Clara, Mountain View, Milpitas, Cupertino, Gilroy, Campbell, Morgan Hill, Los Altos, Los Altos Hills, Monte Sereno, Saratoga.