San Leandro Partition Lawyer

San Leandro Co-Ownership Disputes

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

• 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).
• 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.
• 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.
• 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.
• Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.

Our San Leandro Partition Attorneys Know Alameda County

San Leandro is a city located in the East Bay region of the San Francisco Bay Area in California. It is situated along the eastern shore of San Francisco Bay, between Oakland and Hayward. The city is home to a variety of businesses, including the San Leandro Marina, the San Leandro Tech Campus, and the San Leandro Shopping Center. San Leandro is also home to several parks, including the San Leandro Creek Trail, the San Leandro Shoreline Recreation Area, and the San Leandro Historical Museum. The city is known for its vibrant arts and culture scene, with a variety of galleries, museums, and performing arts venues. San Leandro is also home to several annual festivals and events, including the San Leandro Cherry Festival and the San Leandro Art & Wine Festival.

San Leandro, California was first inhabited by the Ohlone Native American tribe. The first European settlers arrived in the area in the late 1700s, and the area was eventually incorporated as a city in 1872. The city was named after the Spanish land grant Rancho San Leandro, which was granted to Luis Maria Peralta in 1842. The city grew rapidly in the late 19th and early 20th centuries, and was home to several large industries, including the San Leandro Brick Company, the San Leandro Canning Company, and the San Leandro Stoneware Company. The city also became a major center for the production of fruit and vegetables, and was home to several large farms. In the 1950s, San Leandro began to experience a population boom, and the city’s population has continued to grow ever since. Today, San Leandro is a vibrant and diverse city, with a population of over 90,000 people.

In the legal case of Hepburn & Dundas v. Auld, 5 Cranch 262 (1809), the issue was whether a partition of land could be made between two parties who had conflicting claims to the same land. The court held that a partition could not be made between the two parties because the land was held in common by both parties, and the court found that a partition would be inequitable and would not be in the best interests of either party. The court also found that the parties had not agreed to a partition, and that the partition would be contrary to the terms of the deed. The court concluded that the parties must either agree to a partition or litigate their respective claims in court.

Contact an Experienced Partition Attorney in San Leandro, California

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our experienced partition lawyers serving San Leandro have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Alameda County property. For a free, 15-minute consultation with a knowledgeable partition attorney at Partition Lawyer California, call (510) 999-3300 or fill out a contact form online.

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

Our partition attorneys in San Leandro also serve Oakland, Hayward, Castro Valley, San Lorenzo, Alameda, Union City, and Fremont