Partition Actions in Woodside
Woodside is a small town located in San Mateo County, California. It is situated in the foothills of the Santa Cruz Mountains, about 25 miles south of San Francisco. The town is known for its rural atmosphere and its large estates, many of which are owned by some of Silicon Valley’s wealthiest residents. Woodside is home to a variety of outdoor activities, including hiking, biking, and horseback riding. The town also has a number of restaurants, shops, and galleries. Woodside is a popular destination for visitors looking to escape the hustle and bustle of the city and enjoy the beauty of the surrounding nature.
According to Zillow, the median home value in Woodside, California is $2,890,000. As of the 2020 United States Census, the population of Woodside, California was 5,287.
Experienced Real Estate Partition Action Attorneys Serving Woodside
Talkov Law’s attorneys serving San Mateo County are exceptionally experienced in the area of California partition actions. California partition actions allows for the division of real property among co-owners. This statute provides a legal mechanism for co-owners to divide their real property into separate interests. The partition statutes allow for the court to order a partition of the property, either by physically dividing the property or by selling the property and dividing the proceeds among the co-owners. The partition statutes also provide for the court to award damages to any co-owner who has been wrongfully excluded from the property. The partition statutes also allows for the court to award attorney’s fees and costs to the prevailing party.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
- What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
- 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.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- 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.
Groves v. Groves – Partition Action Case Study
In the legal case of Groves v. Groves, 2012 WL 5504782, C065174 (14-Nov-2012) , the partition issues revolved around the division of a family-owned property. The property in question was owned by the Groves family, and the dispute was between two siblings, Robert and Mary Groves. Robert wanted to partition the property, while Mary wanted to keep it intact. The court ultimately ruled in favor of Robert, ordering the property to be partitioned. The court also ordered that Mary be compensated for her share of the property, and that Robert be responsible for paying the costs associated with the partition.
Contact our Team of Experienced Partition Lawyers Serving the City of Woodside 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.