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:
- 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.
- 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.
- 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.
- 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 Gilroy Partition Attorneys Know Santa Clara County
Gilroy is a city located in Santa Clara County, California. It is the southernmost city in the San Francisco Bay Area and is known for its garlic production. The city is home to the Gilroy Garlic Festival, which is held annually in July. Gilroy is also home to several wineries, golf courses, and outdoor recreation areas. The city is known for its mild climate and is a popular destination for tourists and outdoor enthusiasts.
Gilroy, California is located in the heart of the Santa Clara Valley and is known for its agricultural production and wineries. The city is home to a variety of real estate options, including single-family homes, townhomes, condominiums, and multi-family dwellings. Single-family homes are the most popular type of real estate in Gilroy, with a variety of styles and sizes available. Townhomes are also popular, offering a more affordable option for those looking to purchase a home in the area. Condominiums are a great option for those looking for a low-maintenance lifestyle, while multi-family dwellings are ideal for investors looking to purchase rental properties.
McGillivray v. Evans – Partition Action Case Study
In the legal case of McGillivray v. Evans, 27 Cal. 92 (1864), the issue was whether a partition of land between two co-owners was valid. The court held that the partition was invalid because it was not made in good faith. The court found that the partition was made in order to benefit one of the co-owners, and not to fairly divide the land between the two parties. The court also found that the partition was not made in accordance with the law, as it did not take into account the rights of the other co-owner. The court held that the partition was invalid and that the two co-owners must continue to own the land together.
Contact an Experienced Partition Attorney in Gilroy, 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 Gilroy 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 a knowledgeable partition attorney at Partition Lawyer California, call (408) 777-6800 or fill out a contact form online.
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Our partition attorneys in Gilroy also serve San Jose, Morgan Hill, Hollister, Salinas, Monterey, and San Martin
