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 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 tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
- 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.
- 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.
- 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.
- 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.
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
