Talkov Law’s attorneys serving Amador County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
- 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.
- How does a partition action work in California?
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
Ione is a small city located in Amador County, California. It is situated in the foothills of the Sierra Nevada Mountains, about 40 miles southeast of Sacramento. The city is known for its historic downtown, which features a variety of shops, restaurants, and other businesses. The city is also home to a number of parks, including Ione Regional Park, which offers camping, fishing, and other outdoor activities. Ione is a popular destination for visitors looking to explore the area’s natural beauty and rich history.
Speak to Our Ione Partition Attorneys Today
Call our Amador County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (209) 600-7700 or contact us below to schedule a free, 15-minute consultation
Charco Ventures v. Sandoval – Partition Action Case Study
In the legal case of Charco Ventures v. Sandoval, 2010 WL 227647, C060305 (22-Jan-2010) , the main issue was the partition of a parcel of land. Charco Ventures owned a parcel of land that was divided into two parts, one part owned by Charco Ventures and the other part owned by Sandoval. Charco Ventures sought to partition the land, meaning that the two parts would be divided into separate parcels. Sandoval opposed the partition, arguing that the two parts of the parcel should remain together. The court ultimately ruled in favor of Charco Ventures, ordering the partition of the parcel of land.
Frequently Asked Questions About Partitions in Ione
How Much Does a Partition Action Cost in Ione?
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 Ione?
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 Ione, 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 Ione?
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 the City of Ione, County of Amador, California
Our Ione 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 (209) 600-7700 or contact us online today.
Serving Areas Throughout California
Sacramento, Stockton, Lodi, Jackson, Amador City, Sutter Creek, Plymouth, Martell, Drytown, Volcano, Pine Grove, Fiddletown, and River Pines
