Talkov Law’s attorneys serving Napa County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be done in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
- 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.
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- 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.
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
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.
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.
Frequently Asked Questions About Partitions in Napa
How Much Does a Partition Action Cost in Napa?
The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.
Who Can File a Partition Action in Napa?
A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.
Who Pays for a Partition Action?
In Napa, 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 a Partition Action Be Stopped in Napa?
Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
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 Partition Attorneys 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 (707) 777-6600 or contact us online today.
Serving Areas Throughout California
Sonoma, Yountville, St Helena, Calistoga, American Canyon, Fairfield, Vacaville, Vallejo, Browns Valley, Alta Heights, Silverado Country Club, Downtown Napa, and Carneros
