Talkov Law’s attorneys serving Amador County are exceptionally experienced in California partition actions and have conducted over 400 partitions 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.
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.
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- 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.
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- How does a partition action work in California?
Plymouth is a small city located in Amador County, California. It is situated in the Sierra Nevada foothills, about an hour east of Sacramento. The city is known for its historic downtown, which features a variety of shops, restaurants, and galleries. The city is also home to a number of wineries, and is a popular destination for wine tasting. Plymouth is surrounded by beautiful scenery, including rolling hills, vineyards, and oak trees. The city is also home to a number of parks and trails, making it a great place to explore the outdoors.
Speak to Our Plymouth Partition Attorneys Today
Call our Amador County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (209) 600-7700 or contact us below to schedule a free, 15-minute consultation
David v. Hermann – Partition Action Case Study
In the legal case of David v. Hermann, 2014 WL 2770666, A131825 (19-Jun-2014) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, and the siblings had agreed to partition the home, with each sibling receiving a portion of the home. However, the siblings were unable to agree on the terms of the partition, and the dispute ended up in court. The court ultimately ruled that the siblings should partition the home according to the terms of the partition agreement that they had originally agreed to. The court also ordered that the siblings should pay for the costs of the partition, including the costs of surveying the property and any other costs associated with the partition.
Frequently Asked Questions About Partitions in Plymouth
How Much Does a Partition Action Cost in Plymouth?
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 Plymouth?
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 Plymouth, 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 Plymouth?
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 Plymouth, County of Amador, California
Our Plymouth 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 (209) 600-7700 or contact us online today.
Serving Areas Throughout California
Amador County, El Dorado County, Sacramento County, Amador City, Drytown, Fiddletown, and Sutter Creek
