Partition Actions in El Dorado County
El Dorado County is a county located in the Sierra Nevada region of California. It is bordered by Placer County to the north, Amador County to the east, Calaveras County to the southeast, and Sacramento County to the south. The county seat is Placerville. El Dorado County is home to the beautiful Lake Tahoe, the largest alpine lake in North America, as well as the historic gold rush towns of Placerville and Coloma. The county is known for its outdoor recreation opportunities, including skiing, hiking, camping, fishing, and boating. It is also home to several wineries and vineyards, and is a popular destination for wine tasting. El Dorado County is a great place to live, work, and play.
According to Zillow, the median home value in El Dorado County, California is $521,400 as of 2021. As of July 1, 2020, the population of El Dorado County, California was estimated to be 191,817.
Experienced Real Estate Partition Action Attorneys Serving El Dorado County
Talkov Law’s attorneys serving El Dorado 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:
- Who can file a partition action in California? Generally, any co-owner of real property can file 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.
- 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.
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
Speak to Our El Dorado County Partition Attorneys Today
Call our El Dorado 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
Citizens’ Sav. Bank of San Diego v. Bennett – Partition Action Case Study
In the legal case of Citizens’ Sav. Bank of San Diego v. Bennett, 182 Cal. 748 (1920), the issue of partition was at the center of the dispute. The case involved a dispute between two parties over the ownership of a parcel of land. The plaintiff, Citizens’ Savings Bank of San Diego, claimed that it was the rightful owner of the land, while the defendant, Bennett, argued that he was the rightful owner. The court had to decide whether the land should be partitioned between the two parties or if one party should be awarded the entire parcel. The court ultimately decided that the land should be partitioned, with each party receiving an equal share. The court also determined that the partition should be done in a manner that would not cause any unnecessary hardship to either party.
Contact our Team of Experienced Partition Lawyers Serving the El Dorado County County in the County of El Dorado, 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 El Dorado County also serve Placerville, Cameron Park, El Dorado Hills, Diamond Springs, Shingle Springs, Pollock Pines, and Georgetown.
