Partition Actions in Butte County
Butte County is a county located in the northern part of the U.S. state of California. As of the 2010 census, the population was 220,000. The county seat is Oroville. Butte County is part of the Chico, CA Metropolitan Statistical Area. The county is known for its agriculture and mining, as well as its scenic beauty. It is home to the Sierra Nevada foothills, the Feather River, and Lake Oroville. The county is also home to several state parks, including Bidwell Park, Lake Oroville State Recreation Area, and the Butte County Historical Museum.
According to Zillow, the median home value in Butte County, California is $310,000 as of 2021. As of July 1, 2020, the population of Butte County, California was 223,845.
Experienced Real Estate Partition Action Attorneys Serving Butte County
Talkov Law’s attorneys serving Butte County are exceptionally experienced in the area of California partition actions. 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:
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- 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.
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- 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 Butte County Partition Attorneys Today
Call our Butte 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
Camicia v. Camicia – Partition Action Case Study
In the legal case of Camicia v. Camicia, 65 Cal.App.2d 487 (1944), the issue of partition arose when the plaintiff, a widow, sought to partition a parcel of real property that she owned with her deceased husband. The property was held in joint tenancy, and the plaintiff sought to divide the property into two separate parcels. The defendant, the deceased husband’s brother, opposed the partition, arguing that the property was held in joint tenancy and that the widow had no right to partition the property. The court ultimately held that the widow had the right to partition the property, as the joint tenancy had been terminated upon the death of her husband. The court also held that the defendant had no right to the property, as he had not been a party to the joint tenancy agreement.
Contact our Team of Experienced Partition Lawyers Serving the Butte County County in the County of Butte, 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.