Understanding Co-Ownership in Alameda and Contra Costa County
Our team of partition attorneys in Alameda and Contra Costa 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.
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
- 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.
Our East Bay Partition Attorneys Know Alameda and Contra Costa County
The East Bay is a region of the San Francisco Bay Area in Northern California. It is home to a diverse population of over 2.5 million people, and is known for its vibrant culture, diverse economy, and beautiful natural environment. The East Bay is home to many of the Bay Area’s most popular attractions, including the Oakland Zoo, the Chabot Space and Science Center, and the Berkeley Marina. The East Bay is also home to several major universities, including the University of California, Berkeley, and California State University, East Bay. The East Bay is a great place to live, work, and play, and is a popular destination for tourists and locals alike.
Estate of Ng – Partition Action Case Study
In the legal case of Estate of Ng, 2016 WL 7157001, A134294, A136951 (7-Dec-2016), revolved around the division of the estate of the deceased, Mr. Ng. The estate was comprised of two parcels of real property located in San Francisco, California. The first parcel was owned by Mr. Ng and his wife, and the second parcel was owned by Mr. Ng and his brother. The dispute arose when the brother sought to partition the second parcel, while the wife sought to partition both parcels. The court ultimately ruled in favor of the wife, finding that the brother had no right to partition the first parcel, as it was owned solely by Mr. Ng and his wife. The court also found that the brother had no right to partition the second parcel, as it was owned by Mr. Ng and his brother as tenants in common. The court ordered that the estate be partitioned in accordance with the wife’s wishes.
Contact an Experienced Partition Attorney in East Bay, 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 have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Alameda and Contra Costa County property. For a free, 15-minute consultation with a knowledgeable partition attorney at Partition Lawyer California, call (510) 999-3300 or fill out a contact form online.
