Jointly Owned Property Issues in Morgan Hill
Our team of partition attorneys in Santa Clara 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.
- 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).
- 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.
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.

Our Morgan Hill Partition Attorneys Know Santa Clara County
Morgan Hill is a city located in Santa Clara County, California. It is situated in the southern part of the San Francisco Bay Area, about 10 miles south of San Jose. The city is known for its rolling hills, wineries, and outdoor recreation opportunities. It is home to a variety of businesses, including tech companies, wineries, and agricultural operations. The city is also home to several parks, trails, and open spaces, making it a great place to explore the outdoors. Morgan Hill is a great place to live, work, and play.
Morgan Hill is a city located in Santa Clara County, California. It was founded in 1906 by Hiram Morgan Hill, a rancher who purchased the land from the Mexican government. The city was incorporated in 1906 and has since grown to a population of over 42,000. The city is known for its rolling hills, wineries, and outdoor recreation opportunities. The city is also home to the Morgan Hill Outdoor Sports Center, which hosts a variety of events and activities. The city is also home to the Morgan Hill Unified School District, which serves over 10,000 students. Morgan Hill is also home to several major employers, including Anritsu, Applied Materials, and SanDisk.
Paules v. Elbert, Limited – Partition Action Case Study
In the legal case of Paules v. Elbert, Limited, 136 Cal.App.2d 326 (1955), the issue of partition was at the center of the dispute. The case involved a dispute between two shareholders of a corporation, Elbert, Limited, over the partition of the corporation’s assets. The plaintiff, Paules, argued that the corporation’s assets should be divided equally between the two shareholders, while the defendant, Elbert, argued that the assets should remain undivided. The court ultimately ruled in favor of Elbert, finding that the corporation’s assets should remain undivided. The court reasoned that the corporation’s assets were held in trust for the benefit of all shareholders, and that any partition of the assets would be contrary to the trust agreement. The court also noted that the corporation’s assets were not easily divisible, and that any attempt to divide them would likely result in a loss of value.
Contact an Experienced Partition Attorney in Morgan Hill, 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 Morgan Hill 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 Morgan Hill, California
Our partition attorneys in Morgan Hill also serve San Jose, Gilroy, Hollister, Santa Clara, Campbell, Los Gatos, Cupertino, Sunnyvale, Milpitas, San Martin, Coyote Valley, and Madrone