Partition Actions in Fortuna
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.
According to Zillow, the median home value in Fortuna, California is $269,400. As of 2020, the population of the California area of Fortuna is 11,926.
Experienced Real Estate Partition Action Attorneys Serving Fortuna
Talkov Law’s attorneys serving Humboldt County are exceptionally experienced in the area of California partition actions. California partition actions allows for the partition of real property owned by two or more persons. This statute provides a legal mechanism for the division of real property when the owners cannot agree on how to divide the property. The partition statutes allow for the court to order the sale of the property and the division of the proceeds among the owners. The partition statutes also allows for the court to order the physical division of the property if it is feasible. The partition statutes also provide for the court to order the partition of the property by allotment, which is when the court assigns each owner a specific portion of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
- 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 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.
- How does a partition action work in California?
- 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.
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 plaintiff’s attorney’s fees and costs.
Contact our Team of Experienced Partition Lawyers Serving the City of Fortuna in the County of Humboldt, 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 (707) 777-6600 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Fortuna also serve Alton, Hydesville, Rio Dell, Scotia, and Ferndale.