Talkov Law’s attorneys serving El Dorado 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
- 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.
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.
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.
Frequently Asked Questions About Partitions in El Dorado County
How Much Does a Partition Action Cost in El Dorado County?
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 El Dorado County?
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 El Dorado County, 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 El Dorado County?
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 El Dorado County, California
Our El Dorado County 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.
Serving Areas Throughout California
El Dorado Hills, Cameron Park, Placerville, Diamond Springs, Shingle Springs, Pollock Pines, South Lake Tahoe (partially in El Dorado County), Georgetown, and Alpine County
