Lincoln Real Estate Partition Lawyer
Talkov Law’s attorneys serving Placer County are exceptionally experienced in California partition actions and have conducted over 470 for our satisfied clients. 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:
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
- 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 are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
Lincoln is a city located in Placer County, California, United States, part of the Sacramento metropolitan area. Lincoln is part of the Sacramento-Roseville Metropolitan Statistical Area. The city is located in an area of rolling hills, located about 25 miles northeast of the state capital of Sacramento. It is part of the Greater Sacramento area. Lincoln is home to a number of businesses, including the Thunder Valley Casino Resort, which opened in 2003. The city is also home to a number of parks, including McBean Park, Lincoln Hills Golf Course, and Lincoln Crossing Golf Course. The city is served by the Placer Union High School District, which includes Lincoln High School.
Speak to Our Lincoln Partition Attorneys Today
Call our Placer County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (916) 668-3300 or contact us below to schedule a free, 15-minute consultation
Palpar, Inc. v. Thayer – Partition Action Case Study
In the legal case of Palpar, Inc. v. Thayer, 82 Cal.App.2d 578 (1947), the issue of partition was at the center of the dispute. The case involved a dispute between two shareholders of Palpar, Inc., a California corporation. The plaintiff, Thayer, owned a majority of the shares of the corporation and sought to partition the corporation’s assets and liabilities among the shareholders. The defendant, Palpar, Inc., argued that the partition was not allowed under California law because the corporation was not a partnership. The court ultimately held that the partition was not allowed because the corporation was not a partnership and the shareholders did not have the authority to partition the corporation’s assets and liabilities. The court also held that the shareholders could not agree to a partition without the approval of the corporation’s board of directors.
Frequently Asked Questions About Partitions in Lincoln
How Much Does a Partition Action Cost in Lincoln?
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 Lincoln?
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 Lincoln, 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 Lincoln?
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 Lincoln, County of Placer, California
Our Lincoln 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 (916) 668-3300 or contact us online today.
