Understanding Co-Ownership in San Mateo County
Our team of partition attorneys in San Mateo can assist co-owners with frequently asked questions about partitions, such as:
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- 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.
- How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
Our East Palo Alto Partition Attorneys Know San Mateo County
East Palo Alto is a city in San Mateo County, California, United States. It is situated on the San Francisco Peninsula, roughly halfway between the cities of San Francisco and San Jose. East Palo Alto is known for its diverse population, with a majority of African American and Hispanic residents. The city is home to a number of tech companies, including Facebook, which has its headquarters in the city. East Palo Alto is also home to a number of parks and recreational areas, including the Ravenswood Open Space Preserve and the Baylands Nature Preserve. The city is served by the Ravenswood City School District, which provides public education to the city’s students.
East Palo Alto is a city located in San Mateo County, California. It is located in the heart of Silicon Valley and is home to a diverse population. The city is known for its vibrant culture and diverse housing options. The types of real estate in East Palo Alto include single-family homes, townhomes, condominiums, and multi-family dwellings. Single-family homes are the most common type of housing in the city, and they range from small starter homes to large luxury homes. Townhomes are also popular in East Palo Alto, and they offer a more affordable option for those looking to buy a home. Condominiums are also available in the city, and they offer a great option for those looking for a low-maintenance lifestyle. Multi-family dwellings are also available in East Palo Alto, and they offer a great option for those looking for an investment property.
Stillwell v. Jackson – Partition Action Case Study
In the legal case of Stillwell v. Jackson, 5 Cal.2d 165 (1936), 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 sisters, Stillwell and Jackson, who owned a parcel of real property as tenants in common. Stillwell wanted to partition the property, but Jackson refused to consent to the partition. The court held that a partition of real property could be made without the consent of all the owners, as long as the partition was made in good faith and was fair and equitable to all parties. The court also held that the partition should be made in such a way that the interests of all the owners were protected.
Contact an Experienced Partition Attorney in East Palo Alto, 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 East Palo Alto 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 East Palo Alto, California
Our partition attorneys in East Palo Alto also serve Redwood City, Menlo Park, Mountain View, Sunnyvale, San Jose, and Palo Alto
