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:
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- 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.
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
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 the Calaveras County County in the County of Calaveras, 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 (209) 600-7700 or contact us online for a free consultation about your co-ownership issues.