Partition Actions in Grass Valley
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.
According to Zillow, the median home value in Grass Valley, California is $420,000. As of the 2020 United States Census, the population of Grass Valley, California was 12,711.
Experienced Real Estate Partition Action Attorneys Serving Grass Valley
Talkov Law’s attorneys serving Nevada 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:
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- 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 does a partition action work in California?
- 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.
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 court’s 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.
Contact our Team of Experienced Partition Lawyers Serving the City of Grass Valley in the County of Nevada, 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 (530) 999-5588 or contact us online for a free consultation about your co-ownership issues.