Berkeley Partition Lawyer

Partition Actions in Berkeley

Berkeley is a city in the San Francisco Bay Area of California. It is known for its progressive politics, its vibrant culture, and its diverse population. It is home to the University of California, Berkeley, one of the top universities in the world. Berkeley is also known for its beautiful parks, its lively music and art scene, and its excellent restaurants. It is a great place to live, work, and play.

According to Zillow, the median home value in Berkeley, California is $1,072,400 as of 2021. As of 2020, the population of the Berkeley, California area is 122,651.

Experienced Real Estate Partition Action Attorneys Serving Berkeley

Talkov Law’s attorneys serving Alameda County are exceptionally experienced in the area of California partition actions. California partition actions provide a legal mechanism for co-owners of real property to divide the property among themselves. The partition statutes allow a co-owner to file a lawsuit in court to have the property divided, either physically or by sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.

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

• Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
• Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
• How does a partition action work in California?
• 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.
• Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.