Talkov Law’s attorneys serving Shasta County are exceptionally experienced in California partition actions and have conducted over 400 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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Who pays for a partition action? In California, 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).
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
- What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
Redding is a city located in Northern California, in Shasta County. It is the county seat and the largest city in the county. Redding is situated at the northern end of the Central Valley, near the base of the Cascade Range and the northern end of the Sacramento Valley. The city is known for its outdoor recreation opportunities, including fishing, camping, hiking, and boating on the nearby Sacramento River and Shasta Lake. Redding is also home to the Sundial Bridge, a pedestrian bridge that spans the Sacramento River. The city is a popular destination for tourists, with attractions such as the Turtle Bay Exploration Park, the Redding Civic Auditorium, and the Cascade Theatre.
Speak to Our Redding Partition Attorneys Today
Call our Shasta 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
Harvey v. Stafford – Partition Action Case Study
In the legal case of Harvey v. Stafford, 106 Cal.App. 307 (1930), 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 ranch. The plaintiff, Harvey, argued that the ranch should be divided into two equal parts, while the defendant, Stafford, argued that the ranch should be divided into three parts, with one part going to each sibling and the third part going to their mother. The court ultimately sided with Harvey, ruling that the ranch should be divided into two equal parts. The court reasoned that the partition should be equal because the siblings had equal interests in the ranch and that the mother had no legal interest in the property. The court also noted that the partition should be equal in order to avoid any potential disputes between the siblings.
Frequently Asked Questions About Partitions in Redding
How Much Does a Partition Action Cost in Redding?
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 Redding?
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 Redding, 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 Redding?
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 Redding, County of Shasta, California
Our Redding 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 (530) 999-5588 or contact us online today.
Serving Areas Throughout California
Anderson, Shasta Lake, Palo Cedro, Cottonwood, Bella Vista, Shingletown, Burney, McArthur, Fall River Mills, and Keswick
