Humboldt County Partition Lawyer

Partition Actions in Humboldt County

Humboldt County is a county located in the northern part of the U.S. state of California. It is the fourth-largest county in the state by area, and the fifth-most populous. The county seat is Eureka, located on the far North Coast, about 270 miles (430 km) north of San Francisco. Humboldt County is home to the Redwood National and State Parks, the largest remaining natural area of coastal redwood forest in the world. The county is also home to the Lost Coast, the only stretch of California’s coastline that is not connected to a highway. Humboldt County is known for its natural beauty, its diverse economy, and its vibrant arts and culture scene. It is also home to a number of unique and interesting attractions, including the Victorian-era Carson Mansion, the Humboldt County Historical Museum, and the Humboldt County Fair.

According to Zillow, the median home value in Humboldt County, California is $322,400 as of 2021. As of July 1, 2019, the population of Humboldt County, California was 134,623.

Experienced Real Estate Partition Action Attorneys Serving Humboldt County

Talkov Law’s attorneys serving Humboldt 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:

• Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
• What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
• Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
• 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.
• How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.