Talkov Law’s attorneys serving Humboldt 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 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 steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
- 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.
- What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
- Can a partition action be stopped? 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.
- 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.
Eureka is a coastal city located in Humboldt County, California. It is the largest city in the county and the principal city of the Eureka-Arcata-Fortuna Combined Statistical Area. It is located on Humboldt Bay, 270 miles north of San Francisco, and is the regional center for government, health care, trade, and the arts on the North Coast. The city is known for its Victorian architecture, as well as its abundance of natural beauty, including redwood forests, beaches, and rivers. The city is also home to a vibrant arts and culture scene, with numerous galleries, museums, and performing arts venues. Eureka is a popular tourist destination, offering a variety of outdoor activities, including fishing, kayaking, and hiking.
Speak to Our Eureka Partition Attorneys Today
Call our Humboldt County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (707) 777-6600 or contact us below to schedule a free, 15-minute consultation
Theodos v. Theodos – Partition Action Case Study
In the legal case of Theodos v. Theodos, 120 Cal.App. 97 (1932), the court was asked to decide whether a partition of real property between two siblings was valid. The siblings had agreed to divide the property into two equal parts, with each sibling receiving one part. However, the court found that the partition was invalid because it did not provide for the payment of any compensation to the sibling who received the less valuable portion of the property. The court held that a partition of real property must be fair and equitable, and that the partition must provide for the payment of compensation to the sibling who receives the less valuable portion of the property.
Frequently Asked Questions About Partitions in Eureka
How Much Does a Partition Action Cost in Eureka?
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 Eureka?
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 Eureka, 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 Eureka?
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 the City of Eureka, County of Humboldt, California
Our Eureka 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 (707) 777-6600 or contact us online today.