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:

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.
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.
Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
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.
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.

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.