Partition Actions in Lincoln
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.
According to Zillow, the median home value in Lincoln, California is $521,400. The population of the California area of Lincoln is approximately 5,000 people.
Experienced Real Estate Partition Action Attorneys Serving Lincoln
Talkov Law’s attorneys serving Placer County are exceptionally experienced in the area of California partition actions. 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:
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- 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.
- 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.
- 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.
- What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
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.
Contact our Team of Experienced Partition Lawyers Serving the City of Lincoln in the County of Placer, 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 (916) 668-3300 or contact us online for a free consultation about your co-ownership issues.
