Lincoln Partition Lawyer

Lincoln Partition Lawyer

Talkov Law’s attorneys serving Placer 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 is that these statutes provide 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:

  • 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.
  • What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace. De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
  • Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
  • 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.
  • 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.

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

    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.

    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.

    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).

    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.

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        Offices Throughout California

        Los Angeles Partition Attorneys
        10880 Wilshire Blvd Ste 1101
        Los Angeles, CA 90024
        Phone: (310) 496-3300

        Orange County Partition Attorneys
        4000 MacArthur Blvd Ste 655
        Newport Beach, CA 92660
        Phone: (949) 888-8800

        San Jose Partition Attorneys
        99 S. Almaden Blvd Suite 600
        San Jose, CA 95113
        Phone: (408) 777-6800

        San Diego Partition Attorneys
        11622 El Camino Real Ste 100
        San Diego, CA 92130
        Phone: (858) 800-3300

        San Francisco Partition Attorneys
        50 California St, Ste 1500
        San Francisco, CA 94111
        Phone: (415) 966-3300

        Riverside Partition Attorneys
        3610 Central Ave, Ste 400
        Riverside, CA 92506
        Phone: (951) 888-3300

        Sacramento Partition Attorneys
        500 Capitol Mall, Suite 2350
        Sacramento, CA 95814
        Phone: (916) 668-3300

        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.