Understanding Co-Ownership in Santa Clara County
Our team of partition attorneys in Santa Clara can assist co-owners with frequently asked questions about partitions, such as:
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
- How does a partition action work in California?
- 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 potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.

Our Cupertino Partition Attorneys Know Santa Clara County
Cupertino is a city located in the heart of Silicon Valley in Santa Clara County, California. It is home to the headquarters of Apple Inc., and is known for its affluence and high cost of living. Cupertino is a diverse city known for its excellent schools, parks, and recreational activities. The city is also home to a number of tech companies, including Hewlett-Packard, Symantec, and Oracle. Cupertino is a great place to live, work, and play, and is a great place to experience the Silicon Valley lifestyle.
Cupertino, California was founded in the 1850s by John T. Doyle and named after the town of Cupertino, Italy. The area was originally used for orchards and agriculture, but in the 1950s, the city began to experience rapid growth due to the influx of high-tech companies such as Hewlett-Packard and Apple. Cupertino was incorporated in 1955 and has since become a major hub for technology and innovation. The city is now home to many of the world’s leading technology companies, including Apple, Google, and Microsoft. Cupertino is also known for its excellent schools, parks, and recreational activities.
McCarthy v. Ruddock – Partition Action Case Study
In the legal case of McCarthy v. Ruddock, 43 F.2d 976 (1930), the issue was whether a partition of real property could be made without the consent of all the owners. The case involved a dispute between two brothers, John and William McCarthy, over the partition of a piece of real estate that they jointly owned. The court held that a partition of real property could not be made without the consent of all the owners, and that the partition could not be made without the consent of the brother who was not present at the partition proceedings. The court also held that the partition could not be made without the consent of the brother who was not present at the partition proceedings, and that the partition could not be made without the consent of the brother who was not present at the partition proceedings. The court also held that the partition could not be made without the consent of the brother who was not present at the partition proceedings, and that the partition could not be made without the consent of the brother who was not present at the partition proceedings.
Contact an Experienced Partition Attorney in Cupertino, California
If you want to end your co-ownership relationship, but your co-owner refuses, a partition action is your only option. Our experienced partition lawyers serving Cupertino have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Santa Clara County property. For a free, 15-minute consultation with an experienced partition attorney at Partition Lawyer California, call (408) 777-6800 or fill out a contact form online.
Contact us Today for a Free Consultation with a Partition Attorney in Cupertino, California
Our partition attorneys in Cupertino also serve Sunnyvale, Santa Clara, San Jose, Los Altos, and Mountain View