Jointly Owned Property Issues in
Our team of partition attorneys in Alameda can assist co-owners with frequently asked questions about partitions, such as:
- How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- 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.
Our Alameda County Partition Attorneys Know Alameda County
Alameda County is a county located in the San Francisco Bay Area of California. It is the seventh most populous county in the state, with a population of 1,510,271 as of the 2010 census. The county seat is Oakland, and its largest city is also Oakland. Alameda County is home to many of the Bay Area’s most popular attractions, including the Oakland Zoo, the Oakland Museum of California, and the Chabot Space and Science Center. The county is also home to several universities, including the University of California, Berkeley, and Mills College. Alameda County is known for its diverse population, with a mix of cultures and backgrounds. It is also known for its beautiful parks and trails, including the East Bay Regional Park District, which offers a variety of outdoor activities.
Alameda County was established in 1853 as one of the original 27 counties of California. It was named after the Spanish word for a grove of poplar trees, which were once abundant in the area. The county seat is Oakland, which was incorporated in 1852. The county has a long and varied history. It was home to the Ohlone people for thousands of years before the arrival of Spanish explorers in the late 1700s. The area was part of the Rancho San Antonio land grant, which was granted to Luis Maria Peralta in 1820. In the mid-1800s, the county was a major agricultural center, producing wheat, barley, and other crops. The county also became a major shipping center, with the Port of Oakland becoming one of the busiest ports in the world. In the early 1900s, the county experienced a population boom as people moved to the area to work in the shipyards and factories. This led to the development of many cities, including Berkeley, Fremont, and Hayward. Today, Alameda County is home to over 1.6 million people and is one of the most diverse counties in the United States. It is home to a variety of industries, including technology, healthcare, and education. It is also home to several major universities, including the University of California, Berkeley.
Akley v. Bassett – Partition Action Case Study
In the legal case of Akley v. Bassett, 189 Cal. 625 (1922), the California Supreme Court was asked to decide whether a partition of real property was proper. The dispute arose when two brothers, William and John Akley, inherited a parcel of land from their father. William wanted to keep the land intact, while John wanted to divide it into two separate parcels. The court held that the partition was proper, as the brothers had equal rights to the land and the partition would not cause any prejudice to either of them. The court also noted that the partition would not interfere with the rights of any third parties, as the land was not subject to any mortgages or other encumbrances. The court also noted that the partition would not cause any damage to the land itself, as it was not necessary to divide the land into two parcels in order to make it more productive.
Contact an Experienced Partition Attorney in Alameda County, California
If you want to end your co-ownership relationship, but your co-owner disagrees, a partition action is your only option. Our experienced partition lawyers serving have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Alameda County property. For a free, 15-minute consultation with a knowledgeable partition attorney at Partition Lawyer California, call (510) 999-3300 or fill out a contact form online.
Contact us Today for a Free Consultation with a Partition Attorney in Alameda County, California
Our partition attorneys in Alameda County also serve Oakland, Fremont, Hayward, Berkeley, San Leandro, Alameda, Union City, Pleasanton, Newark, Dublin, Emeryville, Albany, Piedmont, and Livermore
