Alameda County Partition Lawyer

Partition Actions in Alameda County

Alameda County is a county located in the San Francisco Bay Area of California. It is the seventh most populous county in the state, with a population of 1,510,271 as of the 2010 census. The county seat is Oakland, and its largest city is also Oakland. Alameda County is home to many of the Bay Area’s most popular attractions, including the Oakland Zoo, the Oakland Museum of California, and the Chabot Space and Science Center. The county is also home to several universities, including the University of California, Berkeley, and Mills College. Alameda County is known for its diverse population, with a mix of cultures and backgrounds. It is also known for its beautiful parks and trails, including the East Bay Regional Park District, which offers a variety of outdoor activities.

According to Zillow, the median home value in Alameda County, California is $817,400 as of 2021. As of July 1, 2019, the population of Alameda County, California was estimated to be 1,639,621.

Experienced Real Estate Partition Action Attorneys Serving Alameda County

Talkov Law’s attorneys serving Alameda County are exceptionally experienced in the area of California partition actions. California partition actions allows for the partition of real property owned by two or more persons. This statute provides a legal mechanism for the division of real property when the owners cannot agree on how to divide the property. The partition statutes allow for the court to order the sale of the property and the division of the proceeds among the owners. The partition statutes also allows for the court to order the physical division of the property if it is feasible. The partition statutes also provide for the court to order the partition of the property by allotment, which is when the court assigns each owner a specific portion of the property.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

• How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
• 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.
• 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 a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
• 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.