Talkov Law’s attorneys serving Placer 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
- 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 types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
Auburn is a city in Placer County, California, located in the foothills of the Sierra Nevada mountains. It is known for its historic downtown, outdoor recreation, and Gold Rush history. Auburn is home to a variety of attractions, including the Auburn State Recreation Area, the Auburn State Theatre, and the Placer County Fairgrounds. The city is also home to several wineries, breweries, and restaurants. Auburn is a popular destination for outdoor activities such as hiking, biking, camping, and fishing. The city is also home to several annual events, such as the Auburn Gold Rush Days and the Auburn International Film Festival.
Speak to Our Auburn Partition Attorneys Today
Call our Placer 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
Goss v. Corcoran – Partition Action Case Study
In the legal case of Goss v. Corcoran, 2020 WL 879397, B281718 (24-Feb-2020) , the partition issues revolved around the division of a parcel of real property located in Los Angeles County, California. The property was owned by the Goss family, who had been living on the property for over 50 years. The Goss family had been in a dispute with the Corcoran family, who had purchased a portion of the property from the Goss family in the past. The dispute centered around the Goss family’s claim that the Corcoran family had not properly divided the property, and that the Corcoran family had encroached on the Goss family’s portion of the property. The court ultimately ruled in favor of the Goss family, ordering the Corcoran family to pay the Goss family for the encroachment and to properly divide the property.
Frequently Asked Questions About Partitions in Auburn
How Much Does a Partition Action Cost in Auburn?
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 Auburn?
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 Auburn, 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 Auburn?
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 Auburn, County of Placer, California
Our Auburn 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
Rocklin, Roseville, Lincoln, Grass Valley, Nevada City, Colfax, Newcastle, Meadow Vista, Applegate, Cool, and Foresthill
