Partition Actions in Placerville
Placerville is a city located in El Dorado County, California. It is situated in the Sierra Nevada foothills, about 40 miles east of Sacramento. The city is known for its Gold Rush history, as it was a major hub for miners during the mid-1800s. Today, Placerville is a popular tourist destination, offering a variety of outdoor activities, such as hiking, biking, and rafting. The city is also home to a number of historic sites, including the Hangman’s Tree, the Placerville Historic District, and the Placerville & Sacramento Valley Railroad.
According to Zillow, the median home value in Placerville, California is $521,400 as of 2021. As of July 1, 2019, the population of Placerville, California was 10,817.
Experienced Real Estate Partition Action Attorneys Serving Placerville
Talkov Law’s attorneys serving El Dorado 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:
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- 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 my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
Knox v. Knox – Partition Action Case Study
In the legal case of Knox v. Knox, 2011 WL 2791141, A129467 (18-Jul-2011) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their deceased mother’s real property. The siblings had inherited the property from their mother, and the dispute arose when one sibling wanted to sell the property and the other wanted to keep it. The court had to decide whether the property should be partitioned or sold. The court ultimately decided that the property should be partitioned, with each sibling receiving an equal share. The court also ordered that the siblings should bear the costs of partitioning the property.
Contact our Team of Experienced Partition Lawyers Serving the City of Placerville in the County of El Dorado, 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 (530) 999-5588 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Placerville also serve El Dorado Hills, Cameron Park, Diamond Springs, Shingle Springs, Pollock Pines, Somerset, Coloma.