Hayward Co-Ownership Disputes
Our team of partition attorneys in Alameda can assist co-owners with frequently asked questions about partitions, such as:
- 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 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.
- 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.
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
Our Hayward Partition Attorneys Know Alameda County
Hayward is a city located in the East Bay region of the San Francisco Bay Area in Alameda County, California. It is the sixth-largest city in the Bay Area and the third-largest in Alameda County. Hayward is known for its many parks, its vibrant downtown, and its proximity to the San Francisco Bay. The city is home to California State University, East Bay, and is a major hub for the Bay Area’s transportation network. Hayward is also home to a variety of businesses, including several major corporations, and is a popular destination for shopping, dining, and entertainment.
Hayward, California was founded in 1852 by William Dutton Hayward, who was a former Mormon pioneer from Ohio. He purchased over 600 acres of land in what is now downtown Hayward and began to develop the area. The city was incorporated in 1876 and was named after William Dutton Hayward. In the early 1900s, Hayward experienced a period of rapid growth due to the development of the railroads and the canning industry. The city continued to grow throughout the 20th century, becoming a major industrial center in the Bay Area. In the 1970s, Hayward began to diversify its economy, focusing on technology and services. Today, Hayward is a vibrant city with a diverse population and a thriving economy.
Cummings v. Dessel – Partition Action Case Study
In the legal case of Cummings v. Dessel, 13 Cal.App.5th 589 (2017), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, and the siblings had agreed to partition the home, with one sibling taking the upstairs portion and the other taking the downstairs portion. However, the siblings had not been able to agree on the terms of the partition, and the dispute had gone to court. The court had to decide whether the siblings had the right to partition the home, and if so, how the partition should be accomplished. The court also had to decide whether the siblings had the right to sell the home and divide the proceeds, or if the home should remain in the family. The court ultimately ruled that the siblings had the right to partition the home, and that the partition should be accomplished by a sale of the home and a division of the proceeds.
Contact an Experienced Partition Attorney in Hayward, 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 Hayward 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 an experienced 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 Hayward, California
Our partition attorneys in Hayward also serve San Leandro, Castro Valley, Union City, Fremont, Newark, and San Lorenzo
