San Leandro Partition Lawyer

Partition Actions in San Leandro

San Leandro is a city located in the East Bay region of the San Francisco Bay Area in California. It is situated along the eastern shore of San Francisco Bay, between Oakland and Hayward. The city is home to a variety of businesses, including the San Leandro Marina, the San Leandro Tech Campus, and the San Leandro Shopping Center. San Leandro is also home to several parks, including the San Leandro Creek Trail, the San Leandro Shoreline Recreation Area, and the San Leandro Historical Museum. The city is known for its vibrant arts and culture scene, with a variety of galleries, museums, and performing arts venues. San Leandro is also home to several annual festivals and events, including the San Leandro Cherry Festival and the San Leandro Art & Wine Festival.

According to Zillow, the median home value in San Leandro, California is $717,400 as of 2021. As of 2020, the population of San Leandro, California is estimated to be 89,857.

Experienced Real Estate Partition Action Attorneys Serving San Leandro

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 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.
  • Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
  • 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 to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
  • What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.

Speak to Our San Leandro 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

    Hepburn & Dundas v. Auld – Partition Action Case Study

    In the legal case of Hepburn & Dundas v. Auld, 5 Cranch 262 (1809), the issue was whether a partition of land could be made between two parties who had conflicting claims to the same land. The court held that a partition could not be made between the two parties because the land was held in common by both parties, and the court found that a partition would be inequitable and would not be in the best interests of either party. The court also found that the parties had not agreed to a partition, and that the partition would be contrary to the terms of the deed. The court concluded that the parties must either agree to a partition or litigate their respective claims in court.

    Contact our Team of Experienced Partition Lawyers Serving the City of San Leandro, County of Alameda, California

    Our San Leandro 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, call (510) 999-3300 or contact us online today.

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        Offices Throughout California

        Los Angeles Office
        10880 Wilshire Blvd Ste 1101
        Los Angeles, CA 90024
        Phone: (310) 496-3300

        Orange County Office
        4000 MacArthur Blvd Ste 655
        Newport Beach, CA 92660
        Phone: (949) 888-8800

        San Jose Office
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        San Jose, CA 95113
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        San Diego Office
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        San Diego, CA 92130
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        San Francisco, CA 94111
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        Riverside, CA 92506
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        Sacramento, CA 95814
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        The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.