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 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:

In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
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.

Speak to Our Elk Grove Partition Attorneys Today

Call our Sacramento County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (916) 668-3300 or contact us below to schedule a free, 15-minute consultation

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, County of Sacramento, California

Our Elk Grove partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law 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 at (916) 668-3300 or contact us online today.