Talkov Law’s attorneys serving Placer County are exceptionally experienced in California partition actions and have conducted over 430 partitions for our satisfied clients. 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 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.
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- 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.
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
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.
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.
Frequently Asked Questions About Partitions in Placer County
How Much Does a Partition Action Cost in Placer County?
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 Placer County?
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 Placer County, 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 Placer County?
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 Placer County, California
Our Placer County 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 (916) 668-3300 or contact us online today.
