WEBSITE VISITOR IP NOTIFICATIONS

Folsom Partition Lawyer

Partition Actions in Folsom

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.

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.

Experienced Real Estate Partition Action 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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the partition must be done in a fair and equitable manner, and that the court must approve the partition before it can be enforced. The partition statutes also provide that the court may order the sale of the property if the co-owners cannot agree on a partition. 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:

  • Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
  • 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.
  • Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
  • How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
  • What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.

Speak to Our Folsom 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

    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.

    Talkov Law Sacramento Office

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

    Our partition attorneys in Folsom also serve El Dorado Hills, Granite Bay, Orangevale, Rancho Cordova, and Sacramento.

    Talkov Law is Rated 5 out of 5 stars based on 53 customer reviews.

    Contact Us Today for a Free Consultation & Pay No Retainer

    Call Talkov Law to discuss having your legal fees paid from the proceeds of sale of your property and no money down

      Awards and Recognition

      US News and World Report Scott Talkov

      We Have Been Featured On:

      The Real Deal

      Recent Blog Posts

      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.