Partition Actions in Davis
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.
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.
Experienced Real Estate Partition Action 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 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 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.
- What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
- How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
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.