Talkov Law’s attorneys serving Alpine County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. 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:
- How does a partition action work in California?
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code 872.020.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
Alpine County is a county located in the Sierra Nevada mountain range of California. It is the least populous county in the state, with a population of just over 1,000 people. The county seat is the town of Markleeville. The county is known for its rugged terrain, with the highest peak in the county being the Carson Peak at 10,823 feet. The county is home to several state parks, including Grover Hot Springs State Park and the Toiyabe National Forest. The county is also home to several ski resorts, including Kirkwood Mountain Resort and Bear Valley Mountain Resort. The county is also home to several lakes, including Lake Tahoe, Lake Alpine, and Lake Winnemucca.
Speak to Our Alpine County Partition Attorneys Today
Call our Alpine County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (530) 999-5588 or contact us below to schedule a free, 15-minute consultation
Sorensen v. Tran – Partition Action Case Study
In the legal case of Sorensen v. Tran, 2021 WL 2838497, D077620 (8-Jul-2021) , the partition issues revolved around the division of a parcel of real property located in San Diego County, California. The parties had entered into a contract for the sale of the property, but the sale was never completed. The plaintiff, Sorensen, sought to partition the property, arguing that the contract was void and that the parties were tenants in common. The defendant, Tran, argued that the contract was still valid and that the parties were joint tenants. The court ultimately found that the contract was void and that the parties were tenants in common, and ordered the property to be partitioned.
Frequently Asked Questions About Partitions in Alpine County
How Much Does a Partition Action Cost in Alpine County?
The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.
Who Can File a Partition Action in Alpine County?
A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.
Who Pays for a Partition Action?
In Alpine County, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
Can a Partition Action Be Stopped in Alpine County?
Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
Contact our Team of Experienced Partition Lawyers Serving Alpine County, California
Our Alpine County partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov Law Partition Attorneys 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 (530) 999-5588 or contact us online today.
Serving Areas Throughout California
South Lake Tahoe, Carson City, Pacerville, Kirkwood, Markleeville, Woodfords, Bear Valley, and Hope Valley
