Experienced Partition Attorneys Serving Rancho Cordova
Talkov Law’s attorneys serving Sacramento 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.
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- 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 Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
Speak to Our Rancho Cordova Partition Attorneys Today
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Call us at (916) 668-3300
Partition Actions in Rancho Cordova
Partitions are quite common in Rancho Cordova. According to Zillow, the median home value in Rancho Cordova, California is $360,000. As of the 2020 United States Census, the population of Rancho Cordova, California is 71,945.
Rancho Cordova is a city located in Sacramento County, California. It is located just east of the state capital of Sacramento and is part of the Sacramento metropolitan area. The city is known for its diverse population, excellent schools, and vibrant economy. Rancho Cordova is home to a variety of businesses, including technology, healthcare, and manufacturing. The city is also home to a number of parks, trails, and recreational activities, making it a great place to live and work.
Kershman v. Kershman – Partition Action Case Study
In the legal case of Kershman v. Kershman, 192 Cal.App.2d 23 (1961), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a family home. The siblings had inherited the home from their parents, and the plaintiff, the brother, wanted to partition the home so that each sibling could have their own separate residence. The defendant, the sister, argued that the partition would be detrimental to the value of the home and that it should remain undivided. The court ultimately ruled in favor of the plaintiff, finding that the partition of the home was necessary to protect the interests of both siblings. The court also noted that the partition would not necessarily reduce the value of the home, as the siblings could still use the home as a rental property.
Contact our Team of Experienced Partition Lawyers Serving the City of Rancho Cordova in the County of Sacramento, 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 (916) 668-3300 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Rancho Cordova, California serve Sacramento County and surrounding areas including Folsom, Rosemont, Gold River, Carmichael, Fair Oaks, Citrus Heights, Orangevale, Sacramento.