Milpitas Partition Lawyer

Jointly Owned Property Issues in Milpitas

Our team of partition attorneys in Santa Clara can assist co-owners with frequently asked questions about partitions, such as:

  • What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
  • Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
  • What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
  • 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.
  • What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.

Partition Attorney in Milpitas, California - Santa Clara County Partition Lawyer

Our Milpitas Partition Attorneys Know Santa Clara County

Milpitas is a city in Santa Clara County, California, located in the San Francisco Bay Area. It is situated between the cities of San Jose and Fremont, and is part of the Silicon Valley. Milpitas is home to a diverse population and is known for its vibrant culture, excellent schools, and numerous parks and recreational facilities. The city is also home to a number of tech companies, including Cisco Systems, Maxtor, and SanDisk. Milpitas is a great place to live, work, and play, and offers a variety of activities and attractions for all ages.

Milpitas, California was first inhabited by the Ohlone people, who lived in the area for thousands of years before the arrival of Europeans. The first European to explore the area was Juan Bautista de Anza in 1776. The area was then part of the Rancho Milpitas land grant, which was granted to José María Alviso in 1835. In the late 19th century, the area was settled by farmers and ranchers, and the town of Milpitas was officially incorporated in 1954. The city experienced rapid growth in the 1950s and 1960s, due to its proximity to the Silicon Valley. Today, Milpitas is a vibrant city with a population of over 75,000 people. It is home to many tech companies, as well as a variety of shopping, dining, and entertainment options.

Hummel v. First National Bank – Partition Action Case Study

In the legal case of Hummel v. First National Bank, 191 Cal.App.3d 489 (1987), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings, the plaintiff and the defendant, over the ownership of a parcel of real property that had been inherited from their father. The plaintiff argued that the property should be partitioned, while the defendant argued that the property should remain undivided. The court ultimately held that the property should be partitioned, finding that the plaintiff had a right to partition the property under California law. The court also found that the defendant had failed to show that partition would be inequitable or that the property should remain undivided.

Contact an Experienced Partition Attorney in Milpitas, 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 Milpitas 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.

Contact us Today for a Free Consultation with a Partition Attorney in Milpitas, California