Atherton Co-Ownership Disputes
Our team of partition attorneys in San Mateo can assist co-owners with frequently asked questions about partitions, such as:
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- 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.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- 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.
Our Atherton Partition Attorneys Know San Mateo County
Atherton is a small, affluent town located in San Mateo County, California. It is situated between the cities of Menlo Park and Redwood City, and is part of the San Francisco Bay Area. Atherton is known for its large, luxurious homes, and is one of the most expensive zip codes in the United States. The town is home to many tech executives, venture capitalists, and other wealthy professionals. Atherton is also home to several parks, including Holbrook-Palmer Park, which features a playground, picnic areas, and a duck pond. The town is served by the Menlo Park-Atherton Caltrain station, which provides access to San Francisco and other Bay Area cities.
Atherton, California is a small town located in the San Francisco Bay Area. It is known for its high-end real estate and is one of the most expensive zip codes in the United States. The types of real estate in Atherton include single-family homes, luxury estates, townhomes, condominiums, and vacant land. Single-family homes in Atherton range from small cottages to large mansions. Luxury estates are typically large homes with expansive grounds and amenities such as swimming pools, tennis courts, and guest houses. Townhomes are typically two- or three-story homes with shared walls and common areas. Condominiums are typically multi-story buildings with individual units. Vacant land is available for development and can be used to build single-family homes, townhomes, or condominiums.
Kampa v. Superior Court – Partition Action Case Study
In the legal case of Kampa v. Superior Court, 2018 WL 3298029, E068425 (5-Jul-2018) , the issue of partition was at the center of the dispute. The plaintiff, Kampa, owned a parcel of land with two other individuals, and the three of them had agreed to partition the land. However, the other two individuals refused to sign the partition agreement, and Kampa sought a court order to compel them to do so. The court found that the partition agreement was valid and enforceable, and ordered the other two individuals to sign it. The court also found that the partition agreement was not subject to any partition issues, such as unequal division of the land or any other issues that could arise from the partition.
Contact an Experienced Partition Attorney in Atherton, 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 Atherton have years of experience ending co-ownership disputes in California and can help you unlock the equity in your San Mateo County property. For a free, 15-minute consultation with an experienced partition attorney at Partition Lawyer California, call (650) 999-3300 or fill out a contact form online.
Contact us Today for a Free Consultation with a Partition Attorney in Atherton, California
Our partition attorneys in Atherton also serve Redwood City, Menlo Park, Palo Alto, Woodside, and Portola Valley
