Talkov Law’s attorneys serving Shasta County are exceptionally experienced in California partition actions and have conducted over 450 partitions for our satisfied clients. California partition actions allows for the partition of real property owned by two or more persons. This statute provides a legal mechanism for the division of real property when the owners cannot agree on how to divide the property. The partition statutes allow for the court to order the sale of the property and the division of the proceeds among the owners. The partition statutes also allows for the court to order the physical division of the property if it is feasible. The partition statutes also provide for the court to order the partition of the property by allotment, which is when the court assigns each owner a specific portion of the property.
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.
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- 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.
- 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.
Anderson is a small city located in Shasta County, California. It is situated in the northern part of the state, about 10 miles east of Redding. The city has a population of about 10,000 people and is known for its rural atmosphere and small-town charm. Anderson is home to a variety of outdoor activities, including fishing, camping, and hiking. The city is also home to a number of local businesses, including restaurants, shops, and services. Anderson is a great place to live for those looking for a peaceful, rural lifestyle.
Speak to Our Anderson Partition Attorneys Today
Call our Shasta 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
Lipscomb v. Girardi – Partition Action Case Study
In the legal case of Lipscomb v. Girardi, 2018 WL 1127686, B279364 (1-Mar-2018) , the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a property in Los Angeles, California. The plaintiff, Lipscomb, sought to partition the property, while the defendant, Girardi, opposed the partition. The court found that the parties had a valid agreement to partition the property, and that the partition should be allowed. The court also found that the partition should be done in a manner that would be fair to both parties, and that the partition should be done in a way that would not cause any unnecessary hardship to either party. The court also found that the partition should be done in a way that would not cause any damage to the property. The court also found that the partition should be done in a way that would not cause any disruption to the neighborhood.
Frequently Asked Questions About Partitions in Anderson
How Much Does a Partition Action Cost in Anderson?
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 Anderson?
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 Anderson, 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 Anderson?
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 the City of Anderson, County of Shasta, California
Our Anderson 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
Redding, Shasta Lake, Cottonwood, Palo Cedro, Bella Vista, and Happy Valley
