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American Canyon Partition Lawyer

Partition Actions in American Canyon

American Canyon is a city located in Napa County, California. It is situated in the northern part of the San Francisco Bay Area, about 30 miles northeast of San Francisco. The city is home to approximately 19,000 people and is known for its scenic views of the Napa Valley and its proximity to the Napa Valley Wine Country. American Canyon is a popular destination for outdoor activities such as hiking, biking, and kayaking. The city also offers a variety of shopping, dining, and entertainment options.

According to Zillow, the median home value in American Canyon, Napa County, California is $541,400 as of 2021. As of the 2020 United States Census, the population of American Canyon, California was 20,945.

Experienced Real Estate Partition Action Attorneys Serving American Canyon

Talkov Law’s attorneys serving Napa 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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.

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

  • Can a partition action be stopped? 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.
  • What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
  • 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.
  • Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
  • What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.

Speak to Our American Canyon Partition Attorneys Today

Call our Napa County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (707) 777-6600 or contact us below to schedule a free, 15-minute consultation

    Kenco Investments, Inc. v. Marsh – Partition Action Case Study

    In the legal case of Kenco Investments, Inc. v. Marsh, 2020 WL 3444435, F077602 (24-Jun-2020) , the issue of partition was at the center of the dispute. The dispute arose when Kenco Investments, Inc. (Kenco) and Marsh, the owners of a jointly owned property, could not agree on how to divide the property. Kenco sought a court order to partition the property, while Marsh argued that the property should remain undivided. The court ultimately found that the property should be partitioned, and ordered that the property be divided into two separate parcels. The court also ordered that Marsh pay Kenco for the value of the portion of the property that was allocated to Kenco.

    Contact our Team of Experienced Partition Lawyers Serving the City of American Canyon in the County of Napa, 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 (707) 777-6600 or contact us online for a free consultation about your co-ownership issues.

    Our partition attorneys in American Canyon also serve Vallejo, Napa, Fairfield, and Benicia.

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