Placer County Partition Lawyer

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 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 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.
• What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
• 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.
• 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.
• Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.