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. 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:

  • 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.
  • When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
  • 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.
  • Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
  • 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.

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, County of Sacramento, California

    Our Folsom 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 (916) 668-3300 or contact us online today.

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

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