Belmont Partition Lawyer

Partition Actions in Belmont

Belmont is a city in San Mateo County, California, located in the San Francisco Bay Area. It is situated between San Mateo and San Carlos, and is part of the Silicon Valley. Belmont is known for its excellent schools, its beautiful parks, and its vibrant downtown area. The city is home to a variety of businesses, including tech companies, restaurants, and retail stores. It is also home to the Belmont Sports Complex, which features a variety of sports fields and courts. The city is also home to the Belmont Library, which offers a variety of books, magazines, and other resources. Belmont is a great place to live, work, and play.

According to Zillow, the median home value in Belmont, California is $1,717,400 as of 2021. As of 2020, the population of the California city of Belmont is approximately 26,000 people.

Experienced Real Estate Partition Action Attorneys Serving Belmont

Talkov Law’s attorneys serving San Mateo County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.

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

  • What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
  • What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
  • 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.
  • Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
  • 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.

Speak to Our Belmont Partition Attorneys Today

Call our San Mateo County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (650) 999-3300 or contact us below to schedule a free, 15-minute consultation

    Teutenberg v. Schiller – Partition Action Case Study

    In the legal case of Teutenberg v. Schiller, 138 Cal.App.2d 18 (1955), the issue was whether a partition of real property was valid. The plaintiff, Teutenberg, owned a parcel of real property with his brother, Schiller. The two brothers had agreed to partition the property, with Teutenberg taking the northern portion and Schiller taking the southern portion. However, Schiller later refused to accept the partition and claimed that the partition was invalid. The court found that the partition was valid, as the brothers had agreed to it and had acted in good faith. The court also found that the partition was not invalidated by the fact that the brothers had not obtained a court order to effect the partition.

    Contact our Team of Experienced Partition Lawyers Serving the City of Belmont, County of San Mateo, California

    Our Belmont partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law unlocks access to justice for co-owners by funding your case. For qualified cases, you pay no fees until we successfully partition your property by obtaining a sale on the market or to your co-owner! For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (650) 999-3300 or contact us online today.

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