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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:

  • 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.
  • Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
  • 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.
  • Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
  • 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.

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 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 San Jose, Sunnyvale, Mountain View, Cupertino, Los Gatos, Campbell, Milpitas, Palo Alto, and Saratoga.

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