Experienced Partition Attorneys Serving Davis
Talkov Law’s attorneys serving Yolo County are exceptionally experienced in the area of California partition actions. 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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- 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 attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
Speak to Our Davis Partition Attorneys Today
End your co-ownership in Yolo County today. You don’t pay until the house is sold!
Call us at (530) 999-5588
Partition Actions in Davis
Partitions are quite common in Davis. According to Zillow, the median home value in Davis, California is $637,400. As of 2020, the population of the California area of Davis is estimated to be 33,814.
Davis is a city in Northern California located in Yolo County. It is part of the Sacramento metropolitan area and is home to the University of California, Davis. The city is known for its vibrant downtown area, bike-friendly streets, and agricultural heritage. Davis is also home to a variety of parks, museums, and other attractions, making it a popular destination for visitors and locals alike.
Lake Vineyard Land & Water Ass’n v. San Gabriel Orange Grove Ass’n – Partition Action Case Study
In the legal case of Lake Vineyard Land & Water Ass’n v. San Gabriel Orange Grove Ass’n, 7 P.C.L.J. 695 (1881), involved a dispute over the partition of a large tract of land in California. The dispute arose when the San Gabriel Orange Grove Association (SGOGA) sought to partition the land into two separate parcels, one for the Lake Vineyard Land & Water Association (LVLWA) and one for SGOGA. The LVLWA objected to the partition, arguing that it would be inequitable and would not provide them with an adequate portion of the land. The court ultimately sided with the LVLWA, ruling that the partition proposed by SGOGA was not equitable and that the LVLWA should receive a larger portion of the land. The court also ruled that the partition should be done in such a way that the LVLWA would receive the most valuable portion of the land.
Contact our Team of Experienced Partition Lawyers Serving the City of Davis in the County of Yolo, 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 (530) 999-5588 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Davis, California serve Yolo County and surrounding areas including Woodland, Dixon, Winters, West Sacramento, Sacramento, Vacaville, Fairfield.