Partition Actions in Santa Clara
Santa Clara is a city in Santa Clara County, California, located in the heart of Silicon Valley. It is the home of Santa Clara University, the site of Levi’s Stadium, and the headquarters of several high-tech companies such as Intel, Applied Materials, and Nvidia. Santa Clara is known for its Mediterranean climate, its diverse population, and its vibrant downtown area. The city is also home to a number of parks, museums, and other attractions, making it a popular destination for visitors and locals alike.
According to Zillow, the median home value in Santa Clara, California is $1,092,400 as of 2021. The population of Santa Clara, California is estimated to be around 246,000 people.
Experienced Real Estate Partition Action Attorneys Serving Santa Clara
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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- 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 type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
Speak to Our Santa Clara 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
Elbert, Limited v. Federated Income Properties – Partition Action Case Study
In the legal case of Elbert, Limited v. Federated Income Properties, 120 Cal.App.2d 194 (1953), the issue of partition was at the center of the dispute. The case involved a dispute between two parties over the ownership of a parcel of real estate. Elbert, Limited, the plaintiff, argued that it was the rightful owner of the property, while Federated Income Properties, the defendant, argued that it was the rightful owner. The court had to determine which party had the right to the property. The court found that the property had been partitioned between the two parties, with Elbert, Limited receiving the larger portion. However, the court also found that the partition was not valid, as it had not been done in accordance with the law. The court ruled that the partition was invalid and that the property should be divided equally between the two parties.
Contact our Team of Experienced Partition Lawyers Serving the City of Santa Clara, County of Santa Clara, California
Our Santa Clara 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, call (408) 777-6800 or contact us online today.
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 also serve San Jose, Sunnyvale, Cupertino, Mountain View, Palo Alto, Menlo Park, Redwood City, Campbell, and Milpitas
