Calaveras County Partition Lawyer

Partition Actions in Calaveras County

Calaveras County is a county located in the northern part of the Central Valley region of California. It is bordered by Tuolumne County to the north, Amador County to the east, San Joaquin County to the south, and Stanislaus County to the west. The county seat is San Andreas. The county is known for its rolling hills, oak woodlands, and the Sierra Nevada foothills. It is home to a variety of outdoor activities, including camping, fishing, hiking, and skiing. The county is also home to several state parks, including Calaveras Big Trees State Park, which is home to some of the world’s largest and oldest sequoia trees. The county is also home to the Calaveras County Fair and Jumping Frog Jubilee, an annual event that celebrates the county’s literary heritage.

According to Zillow, the median home value in Calaveras County, California is $323,400 as of 2021. As of the 2020 United States Census, the population of Calaveras County, California was 45,579.

Experienced Real Estate Partition Action Attorneys Serving Calaveras County

Talkov Law’s attorneys serving Calaveras 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 sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

  • Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
  • 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 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 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.
  • 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 Calaveras County Partition Attorneys Today

Call our Calaveras County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (209) 600-7700 or contact us below to schedule a free, 15-minute consultation

    Penasquitos, Inc. v. Holladay – Partition Action Case Study

    In the legal case of Penasquitos, Inc. v. Holladay, 27 Cal.App.3d 356 (1972), the issue of partition was at the center of the dispute. The case involved a dispute between two parties over the ownership of a parcel of land. The plaintiff, Penasquitos, Inc., owned a portion of the land, while the defendant, Holladay, owned the remaining portion. The dispute arose when Penasquitos sought to partition the land, which would have resulted in the two parties each owning a separate portion of the land. Holladay, however, opposed the partition, arguing that it would be detrimental to his interests. The court ultimately ruled in favor of Penasquitos, finding that partition was the only way to resolve the dispute. The court also noted that partition was the only way to ensure that both parties received their fair share of the land.

    Contact our Team of Experienced Partition Lawyers Serving Calaveras County, California

    Our Calaveras County 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 at (209) 600-7700 or contact us online today.

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