San Francisco Partition Lawyer

Jointly Owned Property Issues in San Francisco

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

  • 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 steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
  • What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
  • 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.
  • What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.

Partition Attorney in San Francisco, California - San Francisco County Partition Lawyer

Our San Francisco Partition Attorneys Know San Francisco County

San Francisco is a vibrant and diverse city located in Northern California. It is known for its iconic landmarks, such as the Golden Gate Bridge, Alcatraz Island, and the cable cars. It is also home to a thriving tech industry, with many tech companies based in the city. San Francisco is a popular tourist destination, with its many attractions, restaurants, and cultural events. The city is also known for its progressive values, with a strong focus on social justice and environmental sustainability.

San Francisco, California has a long and storied history. The area was first inhabited by the Ohlone people, who lived in the area for thousands of years before the arrival of Europeans. In 1776, Spanish explorer Juan Bautista de Anza established the Presidio of San Francisco, the first European settlement in the area. In 1847, the city of San Francisco was founded by American settlers. The city quickly grew in the mid-1800s, becoming a major port and commercial center. During the California Gold Rush of 1849, San Francisco experienced a massive population boom as thousands of people flocked to the city in search of fortune. The city continued to grow and develop throughout the 19th century, becoming a major financial and cultural center. In 1906, San Francisco was devastated by a major earthquake and subsequent fire, which destroyed much of the city. Despite this setback, the city was quickly rebuilt and continued to grow and develop. In the 20th century, San Francisco became a major center of the counterculture movement, and in the 21st century, it has become a major technology hub. Today, San Francisco is one of the most vibrant and diverse cities in the United States.

Baldwin v. Foster – Partition Action Case Study

In the legal case of Baldwin v. Foster, 157 Cal. 643 (1910), the issue was whether a partition of a parcel of land was valid. The plaintiff, Baldwin, owned a parcel of land with his brother, Foster. The two brothers agreed to divide the land into two parts, with Baldwin taking the northern portion and Foster taking the southern portion. However, Foster then sold his portion of the land to a third party without Baldwin’s consent. Baldwin then sued Foster, arguing that the partition was invalid and that Foster had no right to sell his portion of the land without Baldwin’s consent. The court ultimately ruled in favor of Baldwin, finding that the partition was invalid and that Foster had no right to sell his portion of the land without Baldwin’s consent.

Contact an Experienced Partition Attorney in San Francisco, 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 Francisco have years of experience ending co-ownership disputes in California and can help you unlock the equity in your San Francisco County property. For a free, 15-minute consultation with an experienced partition attorney at Partition Lawyer California, call (415) 966-3300 or fill out a contact form online.

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