Partition Actions in Placer County
Placer County is a county located in the U.S. state of California. It is located in the Sierra Nevada region of the state, and is part of the Greater Sacramento area. The county seat is Auburn. Placer County is home to a population of approximately 380,000 people, and is known for its outdoor recreation opportunities, including skiing, hiking, camping, and fishing. The county is also home to a number of historic sites, including the Auburn State Recreation Area, the Placer County Museum, and the Placer County Courthouse. Placer County is also home to a number of wineries, and is a popular destination for wine tasting.
According to Zillow, the median home value in Placer County, California is $541,400 as of 2021. As of July 1, 2019, the population of Placer County, California was estimated to be 394,972.
Experienced Real Estate Partition Action Attorneys Serving Placer County
Talkov Law’s attorneys serving Placer 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 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.
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
- What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
Speak to Our Placer County Partition Attorneys Today
Call our Placer County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (916) 668-3300 or contact us below to schedule a free, 15-minute consultation
Bodden v. Community Nat. Bank of Kern County – Partition Action Case Study
In the legal case of Bodden v. Community Nat. Bank of Kern County, 271 Cal.App.2d 432 (1969), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings, Bodden and her brother, over the ownership of a parcel of land that had been inherited from their father. Bodden argued that the land should be partitioned, while her brother argued that the land should remain undivided. The court ultimately ruled in favor of Bodden, finding that the land should be partitioned. The court held that the partition of the land was necessary to ensure that each sibling received their fair share of the inheritance. The court also noted that partition was necessary to prevent one sibling from taking advantage of the other.
Contact our Team of Experienced Partition Lawyers Serving the Placer County County in the County of Placer, California.
Our partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Call the experienced real estate partition attorneys at Talkov Law at (916) 668-3300 or contact us online for a free consultation about your co-ownership issues.