Napa County Partition Lawyer

Partition Actions in Napa County

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.

According to Zillow, the median home value in Napa County, California is $717,400 as of 2021. As of July 1, 2019, the population of Napa County, California was estimated to be 139,817.

Experienced Real Estate Partition Action Attorneys Serving Napa County

Talkov Law’s attorneys serving Napa 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:

  • 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.
  • What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
  • 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 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.
  • Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.

Speak to Our Napa County Partition Attorneys Today

Call our Napa County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (707) 777-6600 or contact us below to schedule a free, 15-minute consultation

    East Shore Co. v. Richmond Belt Ry. – Partition Action Case Study

    In the legal case of East Shore Co. v. Richmond Belt Ry., 172 Cal. 174 (1916), the issue was whether a partition of a parcel of land was valid. The parcel of land was owned by two parties, East Shore Co. and Richmond Belt Ry. East Shore Co. had attempted to partition the parcel of land, but Richmond Belt Ry. argued that the partition was invalid because it was not done in accordance with the law. The court ultimately held that the partition was valid, but that the parties must agree to the terms of the partition in order for it to be legally binding. This case is important because it established the legal precedent that a partition of land must be done in accordance with the law in order to be valid.

    Contact our Team of Experienced Partition Lawyers Serving Napa County, California

    Our Napa County 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 at (707) 777-6600 or contact us online today.

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