Experienced Partition Attorneys Serving Humboldt County
Talkov Law’s attorneys serving Humboldt County are exceptionally experienced in the area of California partition actions. California partition actions allows for the division of real property owned by two or more persons. This statute allows for the court to order the sale of the property and the division of the proceeds among the owners. The court may also order the property to be physically divided among the owners. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the court finds that a physical division of the property would be impractical or inequitable. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property. The legal effect of the California partition statute is that it allows for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property.
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.
- Who pays for a partition action? In California, 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).
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
Speak to Our Humboldt County Partition Attorneys Today
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Partition Actions in Humboldt County
Partitions are quite common in Humboldt County. 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.
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.
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.
Our partition attorneys in Humboldt County also serve the nearby areas of Del Norte County, Trinity County, Shasta County, Siskiyou County, Mendocino County including Eureka, Arcata, Fortuna, McKinleyville, Rio Dell, Trinidad