Partition Actions in Sunnyvale
Sunnyvale is a city located in the heart of Silicon Valley in Santa Clara County, California. It is one of the major cities in the San Francisco Bay Area and is home to many high-tech companies, including Apple, Google, and Yahoo. Sunnyvale is known for its mild climate, excellent schools, and diverse population. The city is also home to a variety of parks, trails, and recreational activities, making it a great place to live and work.
According to Zillow, the median home value in Sunnyvale, California is $1,541,400 as of 2021. As of 2020, the population of Sunnyvale, California is estimated to be 145,862.
Experienced Real Estate Partition Action Attorneys Serving Sunnyvale
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 tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
De Uprey v. De Uprey – Partition Action Case Study
In the legal case of De Uprey v. De Uprey, 27 Cal. 329 (1865), the issue was whether a partition of property between two siblings was valid. The plaintiff, a brother, had purchased a piece of land from his sister, and the sister argued that the partition was invalid because it was not done in accordance with the law. The court found that the partition was valid, but that the brother had to pay the sister for her share of the property. The court also found that the brother had to pay the sister for the improvements she had made to the property. The court also found that the brother had to pay the sister for the value of the improvements she had made to the property. The court also found that the brother had to pay the sister for the value of the improvements she had made to the property, and that the brother had to pay the sister for the value of the improvements she had made to the property.
Contact our Team of Experienced Partition Lawyers Serving the City of Sunnyvale 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.