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. 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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- How does a partition action work in California?
- What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
- 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 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.
- 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, 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 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.
Our partition attorneys in Auburn also serve Rocklin, Roseville, Lincoln, Grass Valley, Nevada City, Colfax, Newcastle, Meadow Vista, Applegate, Cool, and Foresthill
