San Mateo Co-Ownership Disputes
Our team of partition attorneys in San Mateo 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.
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
- 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.
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
Our San Mateo Partition Attorneys Know San Mateo County
San Mateo is a city located in the San Francisco Bay Area of California. It is located in San Mateo County, just south of San Francisco and north of Silicon Valley. San Mateo is a vibrant and diverse city that is home to a variety of businesses, including tech companies, financial institutions, and healthcare providers. The city is known for its excellent schools, parks, and recreational activities. San Mateo is also home to a number of cultural attractions, including the San Mateo County History Museum, the San Mateo Japanese Garden, and the San Mateo Performing Arts Center. With its close proximity to San Francisco and Silicon Valley, San Mateo is an ideal place to live, work, and play.
San Mateo, California is located in the San Francisco Bay Area and has a rich history that dates back to the 1700s. The area was originally inhabited by the Ohlone people, who were hunter-gatherers. In 1776, the Spanish arrived and established the Mission San Francisco de Asís, which was the first European settlement in the area. In 1835, the Mexican government granted the Rancho de las Pulgas to the Sanchez family, which was the first land grant in the area. The Sanchez family built a large adobe home, which still stands today and is known as the Sanchez Adobe. In 1856, the San Mateo area was incorporated as a town. The town was named after the nearby San Mateo Creek, which was named by Spanish explorer Gaspar de Portolà in 1769. In the late 1800s, the area experienced a population boom due to the construction of the San Francisco and San Jose Railroad. This railroad connected San Mateo to the rest of the Bay Area and allowed for the development of the area. In the early 1900s, San Mateo experienced a period of growth and development. The city was incorporated in 1926 and has since become a major suburb of San Francisco. Today, San Mateo is a vibrant city with a population of over 100,000 people.
Goodenow v. Ewer – Partition Action Case Study
In the legal case of Goodenow v. Ewer, 16 Cal. 461 (1860), the California Supreme Court was asked to decide a dispute over the partition of a parcel of land. The dispute arose when the two parties, Goodenow and Ewer, each claimed ownership of the same parcel of land. The court had to determine which party had the right to the land and how to divide it between them. The court held that the land should be divided according to the original survey, with each party receiving an equal share. The court also held that the parties should bear the costs of the partition in proportion to their respective interests in the land. The court’s decision established the principle that when two parties have conflicting claims to the same parcel of land, the court should divide the land according to the original survey and that the parties should bear the costs of the partition in proportion to their respective interests in the land.
Contact an Experienced Partition Attorney in San Mateo, 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 San Mateo 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 an experienced partition attorney at Partition Lawyer California, call (650) 999-3300 or fill out a contact form online.
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Our partition attorneys in San Mateo also serve Foster City, Belmont, Burlingame, Hillsborough, San Carlos, Redwood City, Menlo Park, Palo Alto, and Millbrae
