Elk Grove Partition Lawyer

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. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

  • What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
  • What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
  • Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
  • Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
  • Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.

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.

    Talkov Law Sacramento Office

    500 Capitol Mall, Suite 2350
    Sacramento, CA 95814
    Phone: (916) 668-3300

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        Los Angeles, CA 90024
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        The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.