Partition Actions in South San Francisco
South San Francisco is a city located in the San Francisco Bay Area of California. It is located just south of San Francisco and is part of the larger San Mateo County. South San Francisco is known for its diverse population, its thriving business community, and its beautiful views of the San Francisco Bay. The city is home to a variety of industries, including biotechnology, pharmaceuticals, and manufacturing. It is also home to a number of parks, trails, and other recreational areas. South San Francisco is a great place to live, work, and play.
According to Zillow, the median home value in South San Francisco, California is $1,072,400 as of 2021. As of 2020, the population of South San Francisco, California is estimated to be around 88,817 people.
Experienced Real Estate Partition Action Attorneys Serving South San Francisco
Talkov Law’s attorneys serving San Mateo 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:
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- What is a partition action and when is it necessary?
- 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.
- 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.
- 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.
Lazzarevich v. Lazzarevich – Partition Action Case Study
In the legal case of Lazzarevich v. Lazzarevich, 39 Cal.2d 48 (1952), the issue was whether a partition of real property could be made without the consent of all the owners. The plaintiff, a tenant in common, sought to partition the property without the consent of the other tenant in common, the defendant. The court held that a partition of real property could not be made without the consent of all the owners, and that the plaintiff was not entitled to a partition of the property without the defendant’s consent. The court reasoned that a partition of real property is a matter of contract between the owners, and that the consent of all the owners is necessary for a valid partition.
Contact our Team of Experienced Partition Lawyers Serving the City of South San Francisco in the County of San Mateo, 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 (650) 999-3300 or contact us online for a free consultation about your co-ownership issues.