Talkov Law’s attorneys serving Humboldt County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. California partition actions allows for the partition of real property owned by two or more persons. This statute provides a legal mechanism for the division of real property when the owners cannot agree on how to divide the property. The partition statutes allow for the court to order the sale of the property and the division of the proceeds among the owners. The partition statutes also allows for the court to order the physical division of the property if it is feasible. The partition statutes also provide for the court to order the partition of the property by allotment, which is when the court assigns each owner a specific portion of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
- What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
- 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 I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
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.
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.
Frequently Asked Questions About Partitions in Humboldt County
How Much Does a Partition Action Cost in Humboldt County?
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 Humboldt County?
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 Humboldt County, 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 Humboldt County?
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 Humboldt County, California
Our Humboldt County 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 (707) 777-6600 or contact us online today.