Partition Action Attorneys in Portola
Portola is a small city located in Plumas County, California. It is situated in the Sierra Nevada mountain range, and is surrounded by the Plumas National Forest. The city is home to a population of just over 1,000 people, and is known for its outdoor recreation opportunities. The city is located near several lakes, including Lake Davis and Frenchman Lake, and is a popular destination for fishing, camping, and hiking. The city is also home to the Portola Railroad Museum, which features a variety of historic locomotives and artifacts. Portola is a great destination for those looking to explore the outdoors and experience the beauty of the Sierra Nevada.
Talkov Law’s attorneys serving Plumas County are exceptionally experienced in California partition actions and have conducted over 390 partitions for our satisfied clients. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- 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.
- 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.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- 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.
Speak to Our Portola Partition Attorneys Today
Call our Plumas County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (530) 999-5588 or contact us below to schedule a free, 15-minute consultation
Dell’Acqua v. Superior Court – Partition Action Case Study
In the legal case of Dell’Acqua v. Superior Court, 2003 WL 412963, E032035 (24-Feb-2003) , the partition issue at hand was whether the court should grant a partition of a jointly owned property. The plaintiff, Dell’Acqua, and the defendant, Superior Court, were co-owners of a property in California. Dell’Acqua sought to partition the property, while the Superior Court argued that the partition would be inequitable and that the property should remain undivided. The court ultimately ruled in favor of Dell’Acqua, finding that the partition would not be inequitable and that the property should be divided. The court also noted that the partition would be in the best interests of both parties.
Frequently Asked Questions About Partitions in Portola
How Much Does a Partition Action Cost in Portola?
The costs of a partition action, including attorney fees, court fees, appraiser fees, and other legal expenses, are typically around $10,000 to $15,000 for less complex cases. These fees are shared among the co-owners. However, the court may adjust the distribution of these costs based on each party’s level of involvement or responsibility, allowing for a fairer allocation when needed.
Who Can File a Partition Action in Portola?
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 Portola, 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 Portola?
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 Portola, County of Plumas, California
Our Portola partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law 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 (530) 999-5588 or contact us online today.
Serving Areas Throughout California
Graeagle, Blairsden, Clio, Quincy, Sierra City, Excelsior, Visitacion Valley, Bayview-Hunters Point, Diamond Heights, Glen Park, and Bernal Heights