San Jose Co-Ownership Disputes
Our team of partition attorneys in Santa Clara can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- Can a partition action be stopped? Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
- 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.

Our San Jose Partition Attorneys Know Santa Clara County
San Jose is the largest city in Northern California and the 10th largest city in the United States. It is located in the heart of Silicon Valley, the world’s leading hub for technology and innovation. San Jose is home to many of the world’s leading tech companies, including Apple, Google, and Adobe. The city is also known for its vibrant culture, diverse population, and beautiful scenery. San Jose is a great place to live, work, and play, with plenty of attractions, restaurants, and entertainment options.
San Jose, California, was founded in 1777 by Spanish colonists as El Pueblo de San José de Guadalupe. The city was the first civilian settlement in the Spanish colony of Alta California. In 1846, during the Mexican-American War, San Jose was captured by American forces led by John C. Fremont. After the war, San Jose became part of the United States and was incorporated as a city in 1850. In the late 19th century, San Jose experienced rapid growth due to the arrival of the Southern Pacific Railroad and the Santa Clara Valley’s booming agricultural industry. The city became a major center for the electronics industry in the 1950s and 1960s, and is now home to many of the world’s largest technology companies. San Jose is also known for its vibrant cultural scene, with numerous museums, theaters, and performing arts venues.
Ashley v. Chinen – Partition Action Case Study
In the legal case of Ashley v. Chinen, Not Reported in Cal.Rptr.2d (2002), the court was tasked with determining the validity of a partition agreement between two parties. The agreement was made between the plaintiff, Ashley, and the defendant, Chinen, and it stated that Ashley would receive a portion of the property in exchange for her relinquishing her interest in the remainder of the property. The court found that the agreement was invalid because it was not properly executed. Specifically, the court found that the agreement did not contain the signatures of both parties, and that it was not properly witnessed or notarized. Additionally, the court found that the agreement was not properly recorded in the county records, as required by law. As a result, the court held that the agreement was invalid and unenforceable.
Contact an Experienced Partition Attorney in San Jose, 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 Jose 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 an experienced 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 San Jose, California
Our partition attorneys in San Jose also serve Santa Clara, Sunnyvale, Cupertino, Mountain View, Los Gatos, Campbell, Milpitas, Fremont, Palo Alto, Menlo Park, Willow Glen, Almaden Valley, Cambrian Park, Rose Garden, Berryessa, Evergreen, Downtown San Jose, West San Jose, East San Jose, North San Jose, and South San Jose