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:
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- 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 my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
- 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.

Our Los Altos Partition Attorneys Know Santa Clara County
Los Altos is a city located in the San Francisco Bay Area of California. It is situated in the foothills of the Santa Cruz Mountains, about 10 miles south of Palo Alto and 30 miles north of San Jose. The city is known for its excellent schools, high-end shopping, and beautiful parks. It is also home to many tech companies, including Google, Apple, and LinkedIn. Los Altos is a quiet, affluent community and is a great place to live, work, and play, with plenty of outdoor activities, cultural attractions, and dining options.
Los Altos, California was founded in 1848 by Don Francisco Estrada, a Mexican land grantee. The area was originally known as Rancho San Antonio, and was used for cattle grazing and farming. In the early 1900s, the area began to be developed as a residential community, and the first homes were built in the 1920s. The city was incorporated in 1952, and has since grown to become a prosperous and vibrant community. Los Altos is known for its excellent schools, beautiful parks, and its proximity to Silicon Valley.
Southern Cal. Title Clearing Co. v. Laws – Partition Action Case Study
In the legal case of Southern Cal. Title Clearing Co. v. Laws, 2 Cal.App.3d 586 (1969), the issue of partition was at the center of the dispute. The case involved a dispute between two parties over the ownership of a parcel of real property. The plaintiff, Southern Cal. Title Clearing Co., claimed that it was the sole owner of the property, while the defendant, Laws, claimed that he was a co-owner. The court found that the parties had entered into an oral agreement to partition the property, but that the agreement had not been properly executed. The court held that the partition agreement was invalid and that the parties were still co-owners of the property. The court also held that the plaintiff was not entitled to a partition of the property, as it had not been properly executed.
Contact an Experienced Partition Attorney in Los Altos, 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 Los Altos 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 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 Los Altos, California
Our partition attorneys in Los Altos also serve Mountain View, Palo Alto, Sunnyvale, Cupertino, Los Gatos, Saratoga, Menlo Park, and Redwood City