Napa Partition Lawyer

Partition Actions in Napa

Napa is a city in the North Bay region of California, located in Napa County. It is the county seat and largest city in the county. Napa is known for its wine production, and is home to over 400 wineries. The city is also known for its hot springs, spas, and resorts. The downtown area is filled with restaurants, shops, and galleries, and is a popular destination for tourists. The city is surrounded by rolling hills and vineyards, and is a great place to explore the outdoors.

According to Zillow, the median home value in Napa, California is $717,400 as of 2021. As of July 1, 2019, the population of the Napa, California area was 136,842.

Experienced Real Estate Partition Action Attorneys Serving Napa

Talkov Law’s attorneys serving Napa County are exceptionally experienced in the area of California partition actions. California partition actions allows for the partition of real property owned by two or more persons. This statute provides a legal mechanism for the division of real property when the owners cannot agree on how to divide the property. The partition statutes allow for the court to order the sale of the property and the division of the proceeds among the owners. The partition statutes also allows for the court to order the physical division of the property if it is feasible. The partition statutes also provide for the court to order the partition of the property by allotment, which is when the court assigns each owner a specific portion of the property.

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

  • 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.
  • In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
  • Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
  • 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 recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.

Speak to Our Napa 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

    Janes v. Goyne – Partition Action Case Study

    In the legal case of Janes v. Goyne, 80 Cal.App.2d 686 (1947), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, Janes, sought to partition the property, while the defendant, Goyne, argued that the property was not subject to partition. The court ultimately held that the property was subject to partition, and that the plaintiff was entitled to a partition of the property. The court noted that the parties had agreed to a partition of the property in a prior agreement, and that the agreement was binding on both parties. The court also noted that the parties had failed to agree on a method of partition, and that the court would have to determine the method of partition. The court ultimately held that the property should be divided into two equal parts, with each party receiving one half of the property.

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

    Our Napa 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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