Talkov Law’s attorneys serving Sacramento County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. 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 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.
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
Citrus Heights is a city located in Sacramento County, California. It is a suburb of Sacramento and is located about 15 miles northeast of the city. The city is known for its diverse population, its many parks and trails, and its vibrant shopping and dining scene. Citrus Heights is home to a variety of businesses, including retail stores, restaurants, and medical facilities. The city is also home to several schools, including San Juan Unified School District, San Juan High School, and San Juan College. Citrus Heights is a great place to live, work, and play.
Speak to Our Citrus Heights Partition Attorneys Today
Call our Sacramento County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (916) 668-3300 or contact us below to schedule a free, 15-minute consultation
Higgins v. Higgins – Partition Action Case Study
In the legal case of Higgins v. Higgins, 46 Cal. 259 (1873), the issue was whether a partition of real property could be made between two co-owners. The court held that a partition could be made, but only if it was done in a manner that was fair and equitable to both parties. The court noted that the partition should be made in such a way that each party receives an equal share of the property, and that the partition should not be made in a way that would be detrimental to either party. The court also noted that the partition should be made in a way that would not cause any unnecessary hardship or expense to either party.
Frequently Asked Questions About Partitions in Citrus Heights
How Much Does a Partition Action Cost in Citrus Heights?
The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.
Who Can File a Partition Action in Citrus Heights?
A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.
Who Pays for a Partition Action?
In Citrus Heights, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
Can a Partition Action Be Stopped in Citrus Heights?
Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
Contact our Team of Experienced Partition Lawyers Serving the City of Citrus Heights, County of Sacramento, California
Our Citrus Heights partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov Law Partition Attorneys 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 (916) 668-3300 or contact us online today.
Talkov Law Sacramento Office
500 Capitol Mall, Suite 2350
Sacramento, CA 95814
Phone: (916) 668-3300
