South Bay Partition Lawyer

Jointly Owned Property Issues in

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.
  • What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
  • 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).
  • How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
  • What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.

Partition Attorney in , California - Santa Clara County Partition Lawyer

Our South Bay Partition Attorneys Know Santa Clara County

The South Bay area of California is located in the southwestern corner of the state, and is home to some of the most populous cities in the state, including Los Angeles, Long Beach, and Torrance. The area is known for its beautiful beaches, its diverse population, and its vibrant culture. It is also home to some of the most important industries in the state, including aerospace, entertainment, and technology. The area is also home to a number of universities, including the University of Southern California, California State University, Long Beach, and the University of California, Los Angeles.

Jamison v. Jamison – Partition Action Case Study

In the legal case of Jamison v. Jamison, 2011 WL 300193, F058459 (1-Feb-2011), the partition issues revolved around the division of a family-owned property. The property in question was owned by the plaintiff and defendant, who were siblings, and their mother. The plaintiff sought to partition the property, while the defendant argued that the property should remain undivided. The court ultimately ruled in favor of the plaintiff, finding that the property should be divided into three equal parts, with each sibling receiving one-third of the property. The court also ordered that the mother’s share of the property be sold and the proceeds divided among the siblings.

Contact an Experienced Partition Attorney in South Bay, 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 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 South Bay, California