Jointly Owned Property Issues in San Carlos
Our team of partition attorneys in San Mateo can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- 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 San Carlos Partition Attorneys Know San Mateo County
San Carlos is a city in San Mateo County, California, located between San Francisco and San Jose. It is a small city of about 28,000 people, and is known for its quiet, suburban atmosphere. The city is home to many tech companies, including Oracle, Electronic Arts, and Symantec. San Carlos is also home to a variety of parks, trails, and open spaces, making it a great place for outdoor activities. The city is also known for its vibrant downtown area, which features a variety of restaurants, shops, and entertainment venues.
San Carlos, California is a city located in San Mateo County, just south of San Francisco. It is known for its small-town charm and excellent schools. The real estate market in San Carlos is diverse, offering a variety of housing options for buyers. Single-Family Homes: Single-family homes are the most common type of real estate in San Carlos. These homes range from small bungalows to large, luxurious estates. Many of these homes are located in established neighborhoods with mature trees and landscaping. Condos and Townhomes: Condos and townhomes are popular in San Carlos, especially for first-time buyers. These properties offer the convenience of low-maintenance living and often come with amenities such as pools, fitness centers, and clubhouses. Multi-Family Homes: Multi-family homes are also available in San Carlos. These properties are ideal for investors looking to generate rental income. Commercial Properties: San Carlos is home to a variety of commercial properties, including office buildings, retail stores, and industrial warehouses. Land: Land is also available in San Carlos, offering buyers the opportunity to build their dream home or develop a commercial property.
Sousa v. Sinsheimer – Partition Action Case Study
In the legal case of Sousa v. Sinsheimer, 62 Cal.App.2d 107 (1943), 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 property. The plaintiff, Sousa, sought to partition the property, while the defendant, Sinsheimer, argued that partition was not possible because the property was held in joint tenancy. The court ultimately held that partition was not possible because the property was held in joint tenancy, and that the only way to divide the property was through a sale. The court also held that the plaintiff was not entitled to any compensation for his share of the property, as the defendant had already paid for the entire property. This case serves as an example of the difficulties that can arise when two co-owners of a piece of real property are unable to agree on how to divide the property.
Contact an Experienced Partition Attorney in San Carlos, 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 San Carlos 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 San Carlos, California
Our partition attorneys in San Carlos also serve Redwood City, Belmont, San Mateo, Menlo Park, Atherton, and Palo Alto




