Understanding Co-Ownership in San Mateo County
Our team of partition attorneys in San Mateo can assist co-owners with frequently asked questions about partitions, such as:
- 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 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.
- 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.
- 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.
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
Our Millbrae Partition Attorneys Know San Mateo County
Millbrae is a city located in San Mateo County, California, just south of San Francisco. Millbrae is known for its beautiful views of the San Francisco Bay and its close proximity to San Francisco International Airport. The city is home to a variety of businesses, including retail stores, restaurants, and hotels. Millbrae is also home to several parks, including Millbrae Community Park, Millbrae Lions Park, and Millbrae Sports Complex. The city is served by the Millbrae School District, which includes two elementary schools, one middle school, and one high school. Millbrae is a great place to live, work, and play.
Millbrae, California is a city located in San Mateo County, just south of San Francisco. It is known for its excellent schools, convenient location, and beautiful views of the San Francisco Bay. Millbrae offers a variety of real estate options, including single-family homes, townhomes, condominiums, and apartments. Single-family homes in Millbrae range from small starter homes to large luxury homes. Townhomes and condominiums are popular options for those looking for a low-maintenance lifestyle. Apartments are available in a variety of sizes and styles, from studio apartments to large three-bedroom units. Millbrae also offers a variety of commercial real estate options, including office buildings, retail spaces, and industrial properties. There are also a number of land parcels available for development. Millbrae is a great place to live and work, and its real estate options make it an attractive option for those looking to buy or rent.
Williams v. Wells Fargo Bank & Union Trust Co. – Partition Action Case Study
In the legal case of Williams v. Wells Fargo Bank & Union Trust Co., 17 Cal.2d 104 (1941), the issue was whether a partition of real property could be made without the consent of all the owners. The plaintiff, Williams, owned a one-third interest in a parcel of real property with two other owners. Williams sought to partition the property, but the other two owners refused to consent. The trial court granted the partition, and the defendants appealed. The California Supreme Court held that a partition of real property could not be made without the consent of all the owners, and reversed the trial court’s decision. The court reasoned that a partition of real property is a fundamental alteration of the property, and thus requires the consent of all the owners.
Contact an Experienced Partition Attorney in Millbrae, 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 Millbrae have years of experience ending co-ownership disputes in California and can help you unlock the equity in your San Mateo County property. For a free, 15-minute consultation with a knowledgeable 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 Millbrae, California
Our partition attorneys in Millbrae also serve San Francisco, Burlingame, San Mateo, South San Francisco, Daly City, and San Bruno
