Partition Actions in Elk Grove
Elk Grove is a city in Sacramento County, California, located just south of the state capital of Sacramento. Elk Grove is the second-largest city in the county and the tenth-largest city in the state. The city is known for its diverse population, excellent schools, and vibrant economy. Elk Grove is home to a variety of businesses, including technology, healthcare, and retail. The city also boasts a number of parks and recreational facilities, as well as a variety of cultural attractions. Elk Grove is a great place to live, work, and play.
According to Zillow, the median home value in Elk Grove, California is $420,000. As of 2020, the population of the Elk Grove area of California is estimated to be 167,965.
Experienced Real Estate Partition Action Attorneys Serving Elk Grove
Talkov Law’s attorneys serving Sacramento 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 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 feasible, 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:
- 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.
- 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.
- How does a partition action work in California?
- 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.
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
Corrigan v. Stiltz – Partition Action Case Study
In the legal case of Corrigan v. Stiltz, 233 Cal.App.2d 381 (1965), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, Corrigan, sought to partition the property, while the defendant, Stiltz, argued that partition was not appropriate. The court ultimately held that partition was not appropriate in this case, as the property was not susceptible to division without causing substantial injury to either party. The court also noted that the parties had agreed to a joint tenancy, which meant that neither party had the right to partition the property without the consent of the other.
Contact our Team of Experienced Partition Lawyers Serving the City of Elk Grove in the County of Sacramento, 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 (916) 668-3300 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Elk Grove also serve Laguna, Sheldon, Wilton, Florin, Vineyard, and Sacramento.