Co-Ownership Disputes
Our team of partition attorneys in Santa Clara can assist co-owners with frequently asked questions about partitions, such as:
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- 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
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- What is a partition action and when is it necessary?
- 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.
Our Santa Clara County Partition Attorneys Know Santa Clara County
Santa Clara County is a county located in the U.S. state of California. It is located at the southern end of the San Francisco Bay Area, and is one of the most populous counties in the state. The county seat is San Jose, the tenth-most populous city in the United States. Santa Clara County is home to Silicon Valley, the center of the world’s technology industry. It is also home to Stanford University, one of the world’s most prestigious universities. The county is also home to several national parks, including Big Basin Redwoods State Park, Henry W. Coe State Park, and Mount Umunhum. Santa Clara County is known for its diverse population, with a mix of cultures, languages, and religions. It is also known for its excellent public schools, and its vibrant economy.
Santa Clara County is home to a wide variety of real estate options. The county is home to a mix of urban, suburban, and rural areas, so there is something for everyone. Urban areas in Santa Clara County include the cities of San Jose, Santa Clara, and Sunnyvale. These cities offer a variety of housing options, from single-family homes to high-rise condos and apartments. Suburban areas in Santa Clara County include the cities of Cupertino, Los Gatos, and Mountain View. These cities offer a mix of single-family homes, townhomes, and condos. Rural areas in Santa Clara County include the cities of Gilroy, Morgan Hill, and Saratoga. These cities offer a mix of single-family homes, ranches, and farms. Santa Clara County also offers a variety of commercial real estate options, including office buildings, retail centers, and industrial parks.
Akhbari v. Nateghi – Partition Action Case Study
In the legal case of Akhbari v. Nateghi, Not Reported in Cal.Rptr.2d (2002), the issue of partition was at the center of the dispute. The plaintiff, Akhbari, owned a one-half interest in a piece of real property with the defendant, Nateghi. Akhbari sought to partition the property, while Nateghi argued that the property was held in joint tenancy and could not be partitioned. The court ultimately held that the property was held in joint tenancy and could not be partitioned. The court reasoned that the parties had not taken any action to sever the joint tenancy, and that the joint tenancy was still in effect. The court also noted that the parties had not taken any action to convert the joint tenancy into a tenancy in common, which would have allowed for partition. As a result, the court held that the property could not be partitioned.
Contact an Experienced Partition Attorney in Santa Clara County, 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 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 a knowledgeable 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 Santa Clara County, California
Our partition attorneys in Santa Clara County also serve San Jose, Sunnyvale, Santa Clara, Mountain View, Milpitas, Cupertino, Gilroy, Campbell, Morgan Hill, Los Altos, Los Altos Hills, Monte Sereno, Saratoga, Los Gatos, and Palo Alto
