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 my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
- What is recoverable in a partition action? In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted. Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- 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 pays for a partition action? In California, 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 attorneys fees incurred or paid by a party for the common benefit. California Code of Civil Procedure 874.010(a).
Fortuna is a small city located in Humboldt County, California. It is situated in the Eel River Valley, near the base of the Coastal Range Mountains. The city is known for its mild climate, redwood forests, and outdoor recreation opportunities. Fortuna is home to a variety of businesses, including a number of wineries, restaurants, and shops. The city is also home to the Fortuna Rodeo, which is held annually in June. Fortuna is a great place to visit for its natural beauty, outdoor activities, and friendly atmosphere.
Speak to Our Fortuna 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
DeMartini v. DeMartini – Partition Action Case Study
In the legal case of DeMartini v. DeMartini, 2017 WL 2334329, A147782 (30-May-2017) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their parents real property. The siblings had inherited the property from their parents, and the siblings had agreed to partition the property in a certain way. However, one of the siblings later refused to abide by the agreement and refused to sign the partition agreement. The other sibling then filed a lawsuit seeking to compel the other sibling to sign the partition agreement. The court ultimately ruled in favor of the plaintiff, ordering the defendant to sign the partition agreement. The court also ordered the defendant to pay the plaintiffs attorneys fees and costs.
Frequently Asked Questions About Partitions in Fortuna
How Much Does a Partition Action Cost in Fortuna?
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 Fortuna?
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 Fortuna, 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 Fortuna?
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 Fortuna, County of Humboldt, California
Our Fortuna 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.
