Understanding Co-Ownership in San Mateo County
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 a city located in the San Francisco Bay Area. It is known for its diverse housing options, ranging from single-family homes to luxury condos and townhomes. The city is also home to a variety of commercial and industrial properties. Single-Family Homes: San Mateo offers a variety of single-family homes, ranging from traditional ranch-style homes to modern contemporary designs. Many of these homes are located in established neighborhoods, offering easy access to schools, parks, and other amenities. Condos and Townhomes: San Mateo is home to a variety of condos and townhomes, ranging from luxury high-rise buildings to more affordable options. These properties are often located in the city’s downtown area, providing easy access to shopping, dining, and entertainment. Multi-Family Homes: San Mateo is also home to a variety of multi-family homes, including duplexes, triplexes, and fourplexes. These properties are often located in established neighborhoods, providing easy access to schools, parks, and other amenities. Commercial and Industrial Properties: San Mateo is home to a variety of commercial and industrial properties, ranging from office buildings to warehouses. These properties are often located in the city’s downtown area, providing easy access to shopping, dining, and entertainment.
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.
Contact us Today for a Free Consultation with a Partition Attorney in San Mateo, California
Our partition attorneys in San Mateo also serve Foster City, Belmont, Burlingame, Hillsborough, San Carlos, Redwood City, Menlo Park, Palo Alto, and Millbrae
