Jointly Owned Property Issues in Saratoga
Our team of partition attorneys in Santa Clara can assist co-owners with frequently asked questions about partitions, such as:
- Can a partition action be stopped? Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- 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.
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
Our Saratoga Partition Attorneys Know Santa Clara County
Saratoga is a city located in Santa Clara County, California. It is situated in the foothills of the Santa Cruz Mountains, about 10 miles (16 km) southwest of San Jose and is part of the Silicon Valley region. Saratoga is known for its high-end residential neighborhoods, excellent schools, and its vibrant downtown area. The city is home to many tech companies, including Apple, Oracle, and Adobe. Saratoga is also known for its wineries, spas, and golf courses. The city is home to the Saratoga Race Course, a thoroughbred horse racing track that hosts the prestigious Grade I Travers Stakes. Saratoga is a great place to live, work, and play.
Saratoga, California is a small city located in the heart of Silicon Valley. It is known for its beautiful scenery, excellent schools, and high-end real estate. The types of real estate in Saratoga include single-family homes, townhomes, condominiums, and luxury estates. Single-family homes are the most common type of real estate in Saratoga, with many of them featuring large yards and spacious floor plans. Townhomes are also popular in Saratoga, offering a more affordable option for those looking to buy in the area. Condominiums are a great option for those looking for a low-maintenance lifestyle, as they often come with amenities such as pools, fitness centers, and clubhouses. Finally, luxury estates are available for those looking for the ultimate in luxury living. These homes often feature high-end finishes, expansive outdoor living spaces, and stunning views of the surrounding area.
Southern Adjustment Bureau, Inc. v. Nelson – Partition Action Case Study
In the legal case of Southern Adjustment Bureau, Inc. v. Nelson, 230 Cal.App.2d 539 (1964), the issue of partition was at the center of the dispute. The plaintiff, Southern Adjustment Bureau, Inc., sought to partition a parcel of real property that was owned by the defendant, Nelson. The defendant argued that the property was not subject to partition because it was held in joint tenancy with right of survivorship. The court held that the property was subject to partition because the joint tenancy had been severed by the defendant’s conveyance of his interest in the property to a third party. The court also held that the defendant was not entitled to any compensation for the partition of the property because he had voluntarily conveyed his interest in the property.
Contact an Experienced Partition Attorney in Saratoga, 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 Saratoga 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 Saratoga, California
Our partition attorneys in Saratoga also serve Los Gatos, Cupertino, Campbell, San Jose, and Monte Sereno
