Jointly Owned Property Issues in Hercules
Our team of partition attorneys in Contra Costa can assist co-owners with frequently asked questions about partitions, such as:
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- Who pays for a partition action? In California, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
- 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.

Our Hercules Partition Attorneys Know Contra Costa County
Hercules is a city located in Contra Costa County, California. It is situated in the East Bay region of the San Francisco Bay Area, about 25 miles northeast of San Francisco. The city is named after the mythical hero Hercules, and is known for its picturesque views of the San Pablo Bay and the Carquinez Strait. Hercules is home to a variety of businesses, including a large industrial park, and is a popular destination for outdoor recreation. The city is also home to a number of parks, trails, and open spaces, making it a great place to explore nature.
The Hercules community of Los Angeles is located in the West Adams district of the city. It was originally developed in the early 1900s as a residential area for African Americans who had been displaced from other parts of the city due to segregation. The area was named after the mythical Greek hero Hercules, and the streets were named after Greek gods and goddesses. The area was home to many prominent African American figures, including jazz musician Charles Mingus and civil rights leader A. Philip Randolph. In the 1950s, the area began to decline due to white flight and the construction of the Santa Monica Freeway. In the 1970s, the area was revitalized with the construction of new housing and businesses. Today, the Hercules community is a vibrant and diverse neighborhood with a strong sense of community.
Tormey v. Allen – Partition Action Case Study
In the legal case of Tormey v. Allen, 45 Cal. 119 (1872), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a piece of real estate. The plaintiff, Tormey, sought to partition the property, while the defendant, Allen, argued that the property could not be partitioned because it was a single, indivisible parcel. The court ultimately ruled in favor of Tormey, finding that the property could be partitioned, and that the two co-owners should be allowed to divide the property in a fair and equitable manner. The court also noted that the partition should be done in a way that would not cause any unnecessary hardship to either party.
Contact an Experienced Partition Attorney in Hercules, 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 Hercules have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Contra Costa 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 Hercules, California
Our partition attorneys in Hercules also serve Pinole, Rodeo, Crockett, Vallejo, and Richmond