Lincoln Partition Lawyer

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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

  • What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
  • How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
  • 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.
  • What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
  • 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.

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

        Orange County Office
        4000 MacArthur Blvd Ste 655
        Newport Beach, CA 92660
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        San Diego, CA 92130
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        San Francisco, CA 94111
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        Riverside, CA 92506
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        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.