San Ramon Partition Lawyer

Jointly Owned Property Issues in San Ramon

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

  • How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
  • 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 to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
  • In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
  • 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.

Partition Attorney in San Ramon, California - Contra Costa County Partition Lawyer

Our San Ramon Partition Attorneys Know Contra Costa County

San Ramon is a city located in the San Francisco Bay Area of California. It is situated in Contra Costa County, about 34 miles east of San Francisco. San Ramon is a vibrant and growing city, known for its excellent schools, parks, and recreational activities. San Ramon is home to several corporate headquarters, including Chevron, 24 Hour Fitness, and the Global Software Center. The city also boasts a variety of shopping, dining, and entertainment options. San Ramon is a great place to live, work, and play.

San Ramon, California is a city located in the San Francisco Bay Area. It was first inhabited by the Ohlone Native Americans, who lived in the area for thousands of years. In the mid-1800s, the area was settled by Mexican and Spanish settlers, who established the first ranches and farms in the area. In 1848, the area was annexed by the United States as part of the Treaty of Guadalupe Hidalgo. In 1858, the first post office was established in San Ramon, and the town was officially incorporated in 1983. Today, San Ramon is a thriving city with a population of over 75,000 people. It is home to many businesses, including Chevron, Oracle, and 24 Hour Fitness. San Ramon is also home to several parks, trails, and recreational areas, making it a great place to live and visit.

Kearney v. Taylor – Partition Action Case Study

In the legal case of Kearney v. Taylor, 56 U.S. 494 (1853), is a legal case that deals with the issue of partition. Partition is a legal process in which a court divides a piece of property among two or more parties. In this case, the plaintiff, Kearney, was the owner of a tract of land in the state of Missouri. The defendant, Taylor, was the owner of an adjoining tract of land. Kearney sought to have the court partition the two tracts of land, but Taylor objected, claiming that the two tracts of land were so intermingled that it was impossible to divide them. The court ultimately held that the two tracts of land could not be partitioned, and that Kearney was entitled to the entire tract of land. This case is important because it established the legal principle that when two tracts of land are so intermingled that it is impossible to divide them, the court will not order a partition.

Contact an Experienced Partition Attorney in San Ramon, 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 Ramon have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Contra Costa County property. For a free, 15-minute consultation with an experienced partition attorney at Partition Lawyer California, call (925) 999-7700 or fill out a contact form online.

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