Talkov Law’s attorneys serving Nevada 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 the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
- 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.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code 872.020.
Grass Valley is a city located in Nevada County, California. It is situated in the Sierra Nevada foothills, approximately 40 miles northeast of Sacramento. The city is known for its rich gold mining history, and is home to the Empire Mine State Historic Park, which is one of the oldest and most productive gold mines in California. The city is also home to a vibrant arts and culture scene, with numerous galleries, museums, and performing arts venues. Outdoor recreation opportunities abound in the area, with numerous hiking and biking trails, lakes, and rivers. The city is also home to a variety of restaurants, shops, and other attractions.
Speak to Our Grass Valley Partition Attorneys Today
Call our Nevada County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (530) 999-5588 or contact us below to schedule a free, 15-minute consultation
Thompson v. Bacchus – Partition Action Case Study
In the legal case of Thompson v. Bacchus, 2013 WL 728915, B234047 (27-Feb-2013) , the partition issue at hand was whether the trial court erred in granting a partition of the property owned by the parties. The parties had purchased the property as joint tenants, but the trial court found that the parties had intended to own the property as tenants in common. The court of appeals found that the trial court had erred in granting the partition because the parties had not agreed to own the property as tenants in common, and the court of appeals reversed the trial courts decision. The court of appeals held that the parties had intended to own the property as joint tenants, and that the trial court should have granted a partition of the property as joint tenants.
Frequently Asked Questions About Partitions in Grass Valley
How Much Does a Partition Action Cost in Grass Valley?
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 Grass Valley?
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 Grass Valley, 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 Grass Valley?
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 Grass Valley, County of Nevada, California
Our Grass Valley 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 (530) 999-5588 or contact us online today.
Serving Areas Throughout California
Nevada City, Auburn, Colfax, Penn Valley, Rough Ready, Nevada County, Sierra County, Cedar Ridge, Lake Wildwood, and Alta Sierra