Jointly Owned Property Issues in Santa Clara
Our team of partition attorneys in Santa Clara 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.
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
- How does a partition action work in California?
Our Santa Clara Partition Attorneys Know Santa Clara County
Santa Clara is a city in Santa Clara County, California, located in the heart of Silicon Valley. It is the home of Santa Clara University, the site of Levi’s Stadium, and the headquarters of several high-tech companies such as Intel, Applied Materials, and Nvidia. Santa Clara is known for its Mediterranean climate, its diverse population, and its vibrant downtown area. The city is also home to a number of parks, museums, and other attractions, making it a popular destination for visitors and locals alike.
Santa Clara, California is home to a variety of real estate options. The city is known for its diverse housing market, with a range of options to suit any budget. Single-family homes are the most common type of real estate in Santa Clara. These homes range from small starter homes to large luxury estates. The city also has a variety of condominiums, townhomes, and apartments. Santa Clara also has a thriving commercial real estate market. The city is home to a number of corporate headquarters, as well as a variety of retail and office spaces. Finally, Santa Clara is home to a number of industrial properties, including warehouses and manufacturing facilities. These properties are often used for research and development, as well as for storage and distribution.
Elbert, Limited v. Federated Income Properties – Partition Action Case Study
In the legal case of Elbert, Limited v. Federated Income Properties, 120 Cal.App.2d 194 (1953), the issue of partition was at the center of the dispute. The case involved a dispute between two parties over the ownership of a parcel of real estate. Elbert, Limited, the plaintiff, argued that it was the rightful owner of the property, while Federated Income Properties, the defendant, argued that it was the rightful owner. The court had to determine which party had the right to the property. The court found that the property had been partitioned between the two parties, with Elbert, Limited receiving the larger portion. However, the court also found that the partition was not valid, as it had not been done in accordance with the law. The court ruled that the partition was invalid and that the property should be divided equally between the two parties.
Contact an Experienced Partition Attorney in Santa Clara, California
If you want to end your co-ownership relationship, but your co-owner disagrees, a partition action is your only option. Our experienced partition lawyers serving Santa Clara 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 an experienced 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, California
Our partition attorneys in Santa Clara also serve San Jose, Sunnyvale, Cupertino, Mountain View, Palo Alto, Menlo Park, Redwood City, Campbell, and Milpitas
