Jointly Owned Property Issues in Emeryville
Our team of partition attorneys in Alameda can assist co-owners with frequently asked questions about partitions, such as:
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
- 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 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.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- 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.
Our Emeryville Partition Attorneys Know Alameda County
Emeryville is a small city located in the San Francisco Bay Area of California. It is situated between Oakland and Berkeley, and is bordered by the cities of Berkeley, Oakland, and Albany. It is home to a diverse population of approximately 10,000 people, and is known for its vibrant arts and culture scene. The city is home to a number of tech companies, including Pixar Animation Studios, and is also home to a number of shopping centers, restaurants, and entertainment venues. Emeryville is a great place to live, work, and play, and is a great place to explore the Bay Area.
Emeryville is a small city located in the East Bay region of the San Francisco Bay Area in California. It is bordered by Oakland to the north, Berkeley to the east, and the San Francisco Bay to the south and west. The city was founded in the late 19th century by two brothers, Joseph and Charles Emery, who purchased the land and developed it into a small industrial center. The city was incorporated in 1896 and grew rapidly in the early 20th century, becoming a major industrial center for the region. During World War II, Emeryville was home to several major shipbuilding and aircraft manufacturing companies. After the war, the city experienced a period of decline, but in the late 1970s and early 1980s, it began to experience a resurgence as a center for technology and biotechnology companies. Today, Emeryville is home to a diverse population of over 10,000 people and is a popular destination for shopping, dining, and entertainment.
Cummings v. Cummings – Partition Action Case Study
In the legal case of Cummings v. Cummings, 2016 WL 7077615, H041308 (23-Nov-2016) , the partition issues revolved around the division of a family-owned property. The property in question was owned by the parties’ parents, who had passed away. The parties had agreed to divide the property, but the agreement was not properly documented. The court had to determine how to divide the property in a fair and equitable manner. The court also had to consider the parties’ respective interests in the property, as well as the potential for future disputes between the parties. The court ultimately determined that the property should be divided in a manner that was fair and equitable to both parties.
Contact an Experienced Partition Attorney in Emeryville, California
If you want to end your co-ownership relationship, but your co-owner disagrees, a partition action is your only option. Our experienced partition lawyers serving Emeryville have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Alameda 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.
Contact us Today for a Free Consultation with a Partition Attorney in Emeryville, California
Our partition attorneys in Emeryville also serve Oakland, Berkeley, San Francisco, Richmond, Alameda, West Oakland, Temescal, Rockridge, Piedmont, and Albany
