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Auburn Partition Lawyer

Partition Actions in Auburn

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.

According to Zillow, the median home value in Auburn, California is $521,400. As of 2020, the population of the California area of Auburn is 13,837.

Experienced Real Estate Partition Action Attorneys Serving Auburn

Talkov Law’s attorneys serving Placer 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 done 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:

  • How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
  • 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 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.
  • Who pays for a partition action? In California, 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).
  • 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.

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.

    Contact our Team of Experienced Partition Lawyers Serving the City of Auburn in the County of Placer, 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 (530) 999-5588 or contact us online for a free consultation about your co-ownership issues.

    Our partition attorneys in Auburn also serve Newcastle, Meadow Vista, Applegate, Cool, Colfax, and Foresthill.

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    Contact Us Today for a Free Consultation & Pay No Legal Fees Until Your Case is Over

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