Jointly Owned Property Issues in Alameda
Our team of partition attorneys in Alameda can assist co-owners with frequently asked questions about partitions, such as:
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- 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.
- 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.

Our Alameda Partition Attorneys Know Alameda County
Alameda is a city located in the San Francisco Bay Area of California. It is situated on an island of the same name, which is connected to the mainland by bridges and a causeway. Alameda is known for its Victorian-style homes, its vibrant downtown area, and its many parks and beaches. The city is home to a variety of attractions, including the USS Hornet Museum, the Alameda Naval Air Station, and the Alameda Point Antiques Faire. Alameda is also home to a number of restaurants, shops, and entertainment venues.
Alameda, California was first inhabited by the Ohlone people, who lived in the area for thousands of years before the arrival of Europeans. The first European to visit the area was Spanish explorer Luis Peralta in 1795. Peralta was granted a large land grant by the Spanish government, which he named Rancho San Antonio. The land was used for cattle ranching and farming. In 1853, the town of Alameda was founded by William Heath Davis. Davis purchased a portion of Peralta’s land and developed it into a residential and commercial center. The town grew rapidly and by 1872, it had become a major port and shipbuilding center. In 1878, the Southern Pacific Railroad arrived in Alameda, connecting the town to the rest of the country. The railroad also helped to spur the growth of the town, and by the early 1900s, Alameda had become a popular resort destination. In the 1920s, Alameda was annexed by the City of Oakland, and it has remained part of Oakland ever since. Today, Alameda is a vibrant and diverse community, with a population of over 75,000 people.
Johnson v. Brauner – Partition Action Case Study
In the legal case of Johnson v. Brauner, 131 Cal.App.2d 713 (1955), the issue was whether a partition of real property was proper. The plaintiffs, Johnson and his wife, owned a parcel of real property with two other individuals, Brauner and his wife. The Johnsons and the Brauners had agreed to partition the property, but the Brauners refused to sign the deed. The Johnsons then filed a partition action, and the trial court ordered a partition by sale. The Brauners appealed, arguing that the partition was improper because the Johnsons had not provided sufficient evidence of their ownership interest in the property. The court of appeals held that the partition was proper, finding that the Johnsons had provided sufficient evidence of their ownership interest in the property. The court also noted that the Brauners had failed to provide any evidence to support their claim that the Johnsons did not own an interest in the property.
Contact an Experienced Partition Attorney in Alameda, California
If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our experienced partition lawyers serving Alameda 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 an experienced 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, California
Our partition attorneys in Alameda also serve Oakland, San Leandro, Berkeley, Emeryville, and Piedmont