Experienced Partition Attorneys Serving Folsom
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 types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- 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.
- 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.
Speak to Our Folsom Partition Attorneys Today
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Partition Actions in Folsom
Partitions are quite common in Folsom. According to Zillow, the median home value in Folsom, California is $541,400 as of 2021. As of 2020, the population of the California area of Folsom is 79,842.
Folsom is a city in Sacramento County, California, located about 25 miles east of the state capital of Sacramento. It is known for its historic downtown, which features a variety of shops, restaurants, and entertainment venues. The city is also home to Folsom Lake, a popular recreation area with a variety of outdoor activities, including fishing, boating, and camping. Folsom is also home to several parks, trails, and other attractions, making it a great destination for outdoor enthusiasts.
In re Nielsen – Partition Action Case Study
In the legal case of In re Nielsen, 197 B.R. 665 (1996), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family farm. The siblings had inherited the farm from their parents, and each had a one-half interest in the property. The siblings were unable to agree on how to divide the property, so one of them filed a petition for partition. The court was tasked with determining how to divide the property in a fair and equitable manner. The court ultimately decided to divide the property into two separate parcels, with each sibling receiving one parcel. The court also ordered that the siblings would be responsible for their own costs associated with the partition.
Contact our Team of Experienced Partition Lawyers Serving the City of Folsom 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 Folsom, California serve Sacramento County and surrounding areas including El Dorado Hills, Granite Bay, Orangevale, Fair Oaks, Rancho Cordova, Sacramento.