Jointly Owned Property Issues in Burlingame
Our team of partition attorneys in San Mateo can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- Who pays for a partition action? In California, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
- 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.
- 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.
Our Burlingame Partition Attorneys Know San Mateo County
Burlingame is a city located in San Mateo County, California, just south of San Francisco. It is a vibrant and diverse community known for its beautiful tree-lined streets, excellent schools, and a variety of shopping and dining options. Burlingame is also home to several parks, including the popular Washington Park, which features a playground, picnic areas, and a lake. The city is also home to the San Francisco International Airport, making it a convenient location for travelers.
Burlingame, California is a city located in San Mateo County, just south of San Francisco. It is known for its beautiful tree-lined streets, excellent schools, and convenient location. The real estate market in Burlingame is diverse, offering a variety of housing options for buyers. Single-family homes are the most common type of real estate in Burlingame. These homes range from small bungalows to large estates, and many of them feature stunning views of the San Francisco Bay. Condominiums are also popular in Burlingame. These units are typically located in high-rise buildings and offer amenities such as swimming pools, fitness centers, and concierge services. Townhomes are another option for buyers in Burlingame. These homes are typically two or three stories and offer more space than a condo. Apartments are also available in Burlingame. These units are typically located in multi-unit buildings and offer a variety of floor plans and amenities. Finally, there are also a variety of commercial properties available in Burlingame. These properties range from office buildings to retail stores and restaurants.
Sipe v. Hollingsworth & Co. – Partition Action Case Study
In the legal case of Sipe v. Hollingsworth & Co., 99 Cal.App.2d 391 (1950), the issue of partition was at the center of the dispute. The plaintiff, Sipe, owned a one-third interest in a parcel of real property with two other individuals, Hollingsworth and another individual. Sipe sought to partition the property, but Hollingsworth refused to do so. The court found that Hollingsworth had acted in bad faith by refusing to partition the property, and ordered that the property be partitioned in accordance with Sipe’s wishes. The court also ordered Hollingsworth to pay Sipe’s costs and attorney’s fees. The case is an example of how partition issues can arise in real estate disputes, and how the court can order a partition of the property if one of the parties is acting in bad faith.
Contact an Experienced Partition Attorney in Burlingame, 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 Burlingame 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.
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Our partition attorneys in Burlingame also serve San Mateo, Millbrae, Hillsborough, San Bruno, and Foster City
