Eureka Partition Lawyer

Partition Actions in Eureka

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.

According to Zillow, the median home value in Eureka, California is $269,400. As of July 1, 2019, the population of the California area of Eureka was 27,191.

Experienced Real Estate Partition Action Attorneys Serving Eureka

Talkov Law’s attorneys serving Humboldt County are exceptionally experienced in the area of California partition actions. California partition actions allows for the division of real property among co-owners. This statute provides a legal mechanism for co-owners to divide their real property into separate interests. The partition statutes allow for the court to order a partition of the property, either by physically dividing the property or by selling the property and dividing the proceeds among the co-owners. The partition statutes also provide for the court to award damages to any co-owner who has been wrongfully excluded from the property. The partition statutes also allows for the court to award attorney’s fees and costs to the prevailing party.

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

  • How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
  • Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
  • 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.
  • How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
  • What is a partition action and when is it necessary?

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.

    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 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.

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