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. 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:
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
- 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 happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- 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.
- 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 Sunnyvale 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
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, County of Santa Clara, California
Our Sunnyvale 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 Sunnyvale also serve Santa Clara, Mountain View, Cupertino, San Jose, Palo Alto, and Los Altos
