Calistoga Partition Lawyer

Partition Actions in Calistoga

Calistoga is a small city located in the heart of the Napa Valley in Northern California. It is known for its hot springs, wineries, and spas. The city is surrounded by vineyards and rolling hills, and is a popular destination for tourists looking to relax and enjoy the area’s natural beauty. Calistoga is also home to a variety of restaurants, shops, and galleries, making it a great place to explore and experience the local culture.

According to Zillow, the median home value in Calistoga, California is $845,000 as of 2021. As of the 2020 United States Census, the population of Calistoga, California was 5,199.

Experienced Real Estate Partition Action Attorneys Serving Calistoga

Talkov Law’s attorneys serving Napa 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:

  • What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
  • Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
  • Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
  • What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
  • How does a partition action work in California?

Speak to Our Calistoga Partition Attorneys Today

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

Call us at (707) 777-6600 or contact us below to schedule a free, 15-minute consultation

    Estate of Ng – Partition Action Case Study

    In the legal case of Estate of Ng, 2016 WL 7157001, A134294, A136951 (7-Dec-2016) , revolved around the division of the estate of the deceased, Mr. Ng. The estate was comprised of two parcels of real property located in San Francisco, California. The first parcel was owned by Mr. Ng and his wife, and the second parcel was owned by Mr. Ng and his brother. The dispute arose when the brother sought to partition the second parcel, while the wife sought to partition both parcels. The court ultimately ruled in favor of the wife, finding that the brother had no right to partition the first parcel, as it was owned solely by Mr. Ng and his wife. The court also found that the brother had no right to partition the second parcel, as it was owned by Mr. Ng and his brother as tenants in common. The court ordered that the estate be partitioned in accordance with the wife’s wishes.

    Contact our Team of Experienced Partition Lawyers Serving the City of Calistoga, County of Napa, California

    Our Calistoga 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 (707) 777-6600 or contact us online today.

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