Nevada City Partition Lawyer

Partition Action Attorneys in Nevada City

Nevada City is a small city located in the foothills of the Sierra Nevada Mountains in Northern California. It is a popular tourist destination due to its historic downtown, which is filled with charming Victorian-era buildings, unique shops, and restaurants. The city is also known for its outdoor activities, such as hiking, biking, and rafting. Nevada City is home to a vibrant arts and music scene, and hosts several annual festivals, including the Nevada City Film Festival and the Nevada City Classic Bicycle Race. The city is also home to a number of wineries, breweries, and distilleries, making it a great destination for wine and beer lovers.

Talkov Law’s attorneys serving Nevada County are exceptionally experienced in California partition actions and have conducted over 370 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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.

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

• 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.
• How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
• 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.
• 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.
• 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.