Emeryville Partition Lawyer

Partition Actions in Emeryville

Emeryville is a small city located in the San Francisco Bay Area of California. It is situated between Oakland and Berkeley, and is bordered by the cities of Berkeley, Oakland, and Albany. It is home to a diverse population of approximately 10,000 people, and is known for its vibrant arts and culture scene. The city is home to a number of tech companies, including Pixar Animation Studios, and is also home to a number of shopping centers, restaurants, and entertainment venues. Emeryville is a great place to live, work, and play, and is a great place to explore the Bay Area.

According to Zillow, the median home value in Emeryville, California is $717,400 as of 2021. As of the 2020 United States Census, the population of Emeryville, California was 10,719.

Experienced Real Estate Partition Action Attorneys Serving Emeryville

Talkov Law’s attorneys serving Alameda County are exceptionally experienced in the area of California partition actions. California partition actions allows for the division of real property among co-owners. This statute provides a legal mechanism for co-owners to divide their real property into separate interests. The partition statutes allow for the court to order a partition of the property, either by physically dividing the property or by selling the property and dividing the proceeds among the co-owners. The partition statutes also provide for the court to award damages to any co-owner who has been wrongfully excluded from the property. The partition statutes also allows for the court to award attorney’s fees and costs to the prevailing party.

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

• What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
• 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.
• 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.
• Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
• 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.