Partition Actions in Live Oak
Live Oak is a small city located in Sutter County, California. It is situated in the northern part of the state, about 20 miles north of Sacramento. The city has a population of approximately 8,000 people and is known for its rural atmosphere and small-town charm. Live Oak is home to a variety of businesses, including a few restaurants, a grocery store, and a few small shops. The city is also home to a number of parks and recreational areas, including the Live Oak Recreation Area, which offers a variety of outdoor activities such as camping, fishing, and hiking. Live Oak is a great place to live for those looking for a peaceful, rural lifestyle.
According to Zillow, the median home value in Live Oak, Sutter County, California is $269,000. The population of the California area of Live Oak is approximately 8,000 people.
Experienced Real Estate Partition Action Attorneys Serving Live Oak
Talkov Law’s attorneys serving Sutter 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 feasible, 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:
- 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 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.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
- 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.
Kitchen v. Angelel – Partition Action Case Study
In the legal case of Kitchen v. Angelel, 2002 WL 31383537, A096668 (23-Oct-2002) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their deceased mother’s estate. The siblings had inherited the estate in equal shares, but the sister, Angelel, wanted to partition the estate so that she could receive a larger share. The brother, Kitchen, argued that the partition was not necessary and that the estate should remain undivided. The court ultimately ruled in favor of Kitchen, finding that the partition was not necessary and that the estate should remain undivided. The court also found that Angelel had failed to prove that partition was necessary or that it would be in the best interests of the estate.
Contact our Team of Experienced Partition Lawyers Serving the City of Live Oak in the County of Sutter, 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 (530) 999-5588 or contact us online for a free consultation about your co-ownership issues.