Co-Ownership Disputes
Our team of partition attorneys in Santa Clara can assist co-owners with frequently asked questions about partitions, such as:
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
- 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.

Our Silicon Valley Partition Attorneys Know Santa Clara County
Silicon Valley is a region in the southern part of the San Francisco Bay Area in Northern California that is home to many of the world’s largest technology companies. It is known for its innovation and high concentration of venture capital, start-ups, and skilled technical talent. Silicon Valley is home to some of the world’s most influential technology companies, such as Apple, Google, Facebook, and Intel. It is also home to many venture capital firms, research institutions, and universities. The region is known for its high cost of living and its competitive job market.
Jamison v. Jamison – Partition Action Case Study
In the legal case of Jamison v. Jamison, 2004 WL 2827703, F043100 (9-Dec-2004), the partition issues revolved around the division of a family-owned property. The property in question was owned by the parties’ parents, who had passed away. The parties had agreed to divide the property, but the agreement was not legally binding. The court had to decide how to divide the property in a fair and equitable manner. The court considered the parties’ respective contributions to the property, the value of the property, and the parties’ respective needs. Ultimately, the court decided to divide the property in a way that was fair and equitable to both parties.
Contact an Experienced Partition Attorney in Silicon Valley, 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 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.