Talkov Law’s attorneys serving Sacramento County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. 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 is that these statutes provide 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:
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
- 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.
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- 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 you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
Galt is a small city located in the Central Valley of California, about 20 miles south of Sacramento. It is a rural community that is known for its agricultural production, including walnuts, almonds, and other crops. Galt is also home to a number of parks and recreational areas, including the Galt Historic District, which features a variety of historic buildings and homes. The city is also home to a number of small businesses, including restaurants, shops, and other services. Galt is a great place to live for those looking for a quiet, rural lifestyle.
Speak to Our Galt 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 (209) 600-7700 or contact us below to schedule a free, 15-minute consultation
Thompson v. Tolmie – Partition Action Case Study
In the legal case of Thompson v. Tolmie, 27 U.S. 157 (1829), the issue was whether a partition of land could be made between two parties without the consent of the other. The case involved a dispute between two brothers, William and John Thompson, over the division of their father’s estate. William had purchased a portion of the estate from his brother, but John refused to accept the partition and sought to have the land divided equally between them. The Supreme Court held that a partition of land could not be made without the consent of both parties, and that the partition was invalid. The Court also held that the partition could not be enforced by a court of equity, as it was not a matter of contract or agreement between the parties.
Frequently Asked Questions About Partitions in Galt
How Much Does a Partition Action Cost in Galt?
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 Galt?
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 Galt, 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 Galt?
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 Galt, County of Sacramento, California
Our Galt 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 (209) 600-7700 or contact us online today.
Talkov Law Sacramento Office
500 Capitol Mall, Suite 2350
Sacramento, CA 95814
Phone: (916) 668-3300
Serving Areas Throughout California
Sacramento, Elk Grove, Lodi, Stockton, Arno, Herald, and Wilton
