Belmont Co-Ownership Disputes
Our team of partition attorneys in San Mateo can assist co-owners with frequently asked questions about partitions, such as:
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
- 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.
Our Belmont Partition Attorneys Know San Mateo County
Belmont is a city in San Mateo County, California, located in the San Francisco Bay Area. It is situated between San Mateo and San Carlos, and is part of the Silicon Valley. Belmont is known for its excellent schools, its beautiful parks, and its vibrant downtown area. The city is home to a variety of businesses, including tech companies, restaurants, and retail stores. It is also home to the Belmont Sports Complex, which features a variety of sports fields and courts. The city is also home to the Belmont Library, which offers a variety of books, magazines, and other resources. Belmont is a great place to live, work, and play.
The Belmont community of Los Angeles has a long and rich history. The area was originally part of the Rancho San Rafael, a large land grant given to Corporal José María Verdugo in 1784. The area was later subdivided and sold off in the late 19th century. In the early 20th century, the area was developed as a streetcar suburb, with the construction of the Pacific Electric Railway. The area was home to a diverse population, including many immigrants from Mexico and Eastern Europe. In the 1950s, the area was redeveloped as a low-income housing project, and the population shifted to mostly African-American and Latino. In the late 20th century, the area experienced gentrification, with the construction of new housing and businesses. Today, Belmont is a vibrant and diverse community, with a mix of cultures and incomes.
Teutenberg v. Schiller – Partition Action Case Study
In the legal case of Teutenberg v. Schiller, 138 Cal.App.2d 18 (1955), the issue was whether a partition of real property was valid. The plaintiff, Teutenberg, owned a parcel of real property with his brother, Schiller. The two brothers had agreed to partition the property, with Teutenberg taking the northern portion and Schiller taking the southern portion. However, Schiller later refused to accept the partition and claimed that the partition was invalid. The court found that the partition was valid, as the brothers had agreed to it and had acted in good faith. The court also found that the partition was not invalidated by the fact that the brothers had not obtained a court order to effect the partition.
Contact an Experienced Partition Attorney in Belmont, 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 Belmont 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 a knowledgeable 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 Belmont, California
Our partition attorneys in Belmont also serve San Mateo, Redwood City, San Carlos, Foster City, and Burlingame
