Partition Lawyer in Redding, California

Partition Lawyer Redding Shasta California Attorney Partition Action

Experienced Partition Attorneys Serving Redding

Talkov Law’s attorneys serving Shasta County are exceptionally experienced in the area of California partition actions. 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 is that these statutes provide 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:

  • 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.
  • 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).
  • Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
  • 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.
  • Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.

Speak to Our Redding Partition Attorneys Today

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Partition California Lawyer Attorney Partition Action

Partition Actions in Redding

Partitions are quite common in Redding. According to Zillow, the median home value in Redding, California is $269,000. As of July 2020, the population of the Redding, California area is estimated to be 91,919.

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.

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.

Contact our Team of Experienced Partition Lawyers Serving the City of Redding in the County of Shasta, 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 (530) 999-5588 or contact us online for a free consultation about your co-ownership issues.

Our partition attorneys in Redding, California serve Shasta County and surrounding areas including Anderson, Shasta Lake, Palo Cedro, Cottonwood, Bella Vista, Shingletown, Burney, McArthur, Fall River Mills.

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