Partition Actions in Hayward
Hayward is a city located in the East Bay region of the San Francisco Bay Area in Alameda County, California. It is the sixth-largest city in the Bay Area and the third-largest in Alameda County. Hayward is known for its many parks, its vibrant downtown, and its proximity to the San Francisco Bay. The city is home to California State University, East Bay, and is a major hub for the Bay Area’s transportation network. Hayward is also home to a variety of businesses, including several major corporations, and is a popular destination for shopping, dining, and entertainment.
According to Zillow, the median home value in Hayward, California is $717,400 as of 2021. As of 2020, the population of the California area of Hayward is estimated to be 153,788.
Experienced Real Estate Partition Action Attorneys Serving Hayward
Talkov Law’s attorneys serving Alameda 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:
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
- What is a partition action and when is it necessary?
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
- 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.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
Speak to Our Hayward Partition Attorneys Today
Call our Alameda County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (510) 999-3300 or contact us below to schedule a free, 15-minute consultation
Cummings v. Dessel – Partition Action Case Study
In the legal case of Cummings v. Dessel, 13 Cal.App.5th 589 (2017), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, and the siblings had agreed to partition the home, with one sibling taking the upstairs portion and the other taking the downstairs portion. However, the siblings had not been able to agree on the terms of the partition, and the dispute had gone to court. The court had to decide whether the siblings had the right to partition the home, and if so, how the partition should be accomplished. The court also had to decide whether the siblings had the right to sell the home and divide the proceeds, or if the home should remain in the family. The court ultimately ruled that the siblings had the right to partition the home, and that the partition should be accomplished by a sale of the home and a division of the proceeds.
Contact our Team of Experienced Partition Lawyers Serving the City of Hayward in the County of Alameda, California.
Our partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Call the experienced real estate partition attorneys at Talkov Law at (510) 999-3300 or contact us online for a free consultation about your co-ownership issues.
