Petaluma Real Estate Partition Lawyer
Talkov Law’s attorneys serving Sonoma County are exceptionally experienced in California partition actions and have conducted over 470 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 can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
- 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.
Petaluma is a city in Sonoma County, California, located in the North Bay region of the San Francisco Bay Area. It is known for its historic downtown, Victorian architecture, and its proximity to the Petaluma River. The city is home to a variety of businesses, including wineries, breweries, and a variety of restaurants. Petaluma is also home to a number of parks and trails, making it a great destination for outdoor enthusiasts. The city is also home to a number of annual festivals and events, including the Butter & Egg Days Parade and the Petaluma Music Festival.
Speak to Our Petaluma Partition Attorneys Today
Call our Sonoma 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
Masayesva for and on Behalf of Hopi Indian Tribe v. Hale – Partition Action Case Study
In the legal case of Masayesva for and on Behalf of Hopi Indian Tribe v. Hale, 118 F.3d 1371 (1997), the issue of partition arose when the Hopi Indian Tribe sought to partition a large area of land in Arizona that was jointly owned by the Hopi and Navajo tribes. The Hopi Tribe argued that the land should be divided into two separate parcels, one for each tribe, while the Navajo Tribe argued that the land should remain undivided. The court ultimately ruled in favor of the Hopi Tribe, finding that the land should be partitioned in order to protect the interests of both tribes. The court also noted that the partition would not be a permanent solution, as the two tribes would still need to negotiate a long-term agreement regarding the use of the land.
Frequently Asked Questions About Partitions in Petaluma
How Much Does a Partition Action Cost in Petaluma?
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 Petaluma?
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 Petaluma, 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 Petaluma?
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 Petaluma, County of Sonoma, California
Our Petaluma 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
Novato, Rohnert Park, Santa Rosa, Sonoma, Napa Valley, Sebastopol, Cotati, and
