webpage stats

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.

Speak to Our Humboldt County 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

    Elbert, Limited v. City of San Diego – Partition Action Case Study

    In the legal case of Elbert, Limited v. City of San Diego, 116 Cal.App.2d 660 (1953), the issue of partition was at the center of the dispute. Elbert, Limited, a corporation, owned a parcel of land in San Diego, California. The City of San Diego sought to acquire the land for public use, and Elbert, Limited refused to sell. The City then filed a partition action, seeking to divide the land into two separate parcels, one for Elbert, Limited and one for the City. Elbert, Limited argued that the partition action was improper because the City was not a tenant in common with Elbert, Limited, and therefore did not have the right to partition the land. The court ultimately held that the City was not a tenant in common with Elbert, Limited, and therefore could not partition the land. The court also held that the City could not acquire the land through eminent domain because the land was not necessary for public use.

    Contact our Team of Experienced Partition Lawyers Serving the Humboldt County County 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.

    Talkov Law is Rated 5 out of 5 stars based on 70 customer reviews.

    Contact Us Today for a Free Consultation & Pay No Legal Fees Until Your Case is Over

    Call Talkov Law to discuss having your legal fees paid from the proceeds of sale of your property and no money down

      Awards and Recognition

      US News and World Report Scott Talkov

      We Have Been Featured On:

      The Real Deal

      Recent Blog Posts

      The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.