Partition Actions in Plymouth
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.
According to Zillow, the median home value in Plymouth, California is $323,400. The population of the California area of Plymouth is approximately 1,000 people.
Experienced Real Estate Partition Action Attorneys Serving Plymouth
Talkov Law’s attorneys serving Amador 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:
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
- 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.
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.
Contact our Team of Experienced Partition Lawyers Serving the City of Plymouth in the County of Amador, 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 (209) 600-7700 or contact us online for a free consultation about your co-ownership issues.