Talkov Law’s attorneys serving Napa County are exceptionally experienced in California partition actions and have conducted over 400 partitions 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:

• Who pays for a partition action? In California, 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 we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
• Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
• 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.
• Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.

Napa County is a county located in the northern part of the U.S. state of California. It is part of the San Francisco Bay Area and is known for its wine production, particularly its Cabernet Sauvignon and Chardonnay. The county seat is the city of Napa. The county has a total area of 828 square miles, of which 804 square miles is land and 24 square miles is water. The population of Napa County was 136,484 as of the 2010 census. The county is home to several state parks, including Bothe-Napa Valley State Park, Robert Louis Stevenson State Park, and Bale Grist Mill State Historic Park. It is also home to several wineries, including Robert Mondavi Winery, Beringer Vineyards, and Stags’ Leap Winery.