Talkov Law’s attorneys serving Placer County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
- 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.
- 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.
- 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.
- Who pays for a partition action? In California, 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 attorneys fees incurred or paid by a party for the common benefit. California Code of Civil Procedure 874.010(a).
Colfax is a small city located in Placer County, California. It is situated in the Sierra Nevada foothills, about 40 miles northeast of Sacramento. The city has a population of about 1,800 people and is known for its historic downtown area, which features a variety of shops, restaurants, and other businesses. The city is also home to a number of parks and recreational areas, including the Colfax Community Park, which features a playground, picnic areas, and a skate park. Colfax is a great place to visit for those looking for a quiet, small-town atmosphere.
Speak to Our Colfax Partition Attorneys Today
Call our Placer 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
Sykora v. DeMaria – Partition Action Case Study
In the legal case of Sykora v. DeMaria, 2002 WL 31097692, C038281, C037153 (20-Sep-2002) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, and each had a one-half interest in the property. The siblings had been living together in the home for many years, but had recently become estranged. The plaintiff, Sykora, sought to partition the property, which would have resulted in the sale of the home and the division of the proceeds between the siblings. The defendant, DeMaria, opposed the partition, arguing that the home should remain intact and that the siblings should continue to live together in the home. The court ultimately ruled in favor of the plaintiff, ordering the partition of the property and the sale of the home.
Frequently Asked Questions About Partitions in Colfax
How Much Does a Partition Action Cost in Colfax?
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 Colfax?
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 Colfax, 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 Colfax?
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 Colfax, County of Placer, California
Our Colfax 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 (530) 999-5588 or contact us online today.
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