Talkov Law’s attorneys serving Humboldt 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 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:
- 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 a partition action be stopped? 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.
- 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.
- How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
Rio Dell is a small city located in Humboldt County, California. It is situated on the banks of the Eel River, just south of the city of Eureka. The city has a population of approximately 2,500 people and is known for its scenic beauty and outdoor recreation opportunities. The city is home to a variety of parks, trails, and other outdoor attractions, including the Rio Dell Nature Trail, the Eel River Trail, and the Rio Dell Beach. The city also has a vibrant downtown area with a variety of shops, restaurants, and other businesses. Rio Dell is a great place to live, work, and play.
Speak to Our Rio Dell Partition Attorneys Today
Call our Humboldt County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (707) 777-6600 or contact us below to schedule a free, 15-minute consultation
Burk v. Hirsch – Partition Action Case Study
In the legal case of Burk v. Hirsch, 2016 WL 3411616, B266666 (14-Jun-2016) , the issue of partition was at the center of the dispute. The parties had inherited a property from their father, and the plaintiff, Burk, wanted to partition the property so that each party would receive their own share. The defendant, Hirsch, argued that the property should not be partitioned, as it was a family heirloom and should remain intact. The court ultimately ruled in favor of the plaintiff, finding that partition was the appropriate remedy in this case. The court noted that partition was the only way to ensure that each party received their fair share of the property, and that partition would not cause any undue hardship to either party.
Frequently Asked Questions About Partitions in Rio Dell
How Much Does a Partition Action Cost in Rio Dell?
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 Rio Dell?
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 Rio Dell, 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 Rio Dell?
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 Rio Dell, County of Humboldt, California
Our Rio Dell 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 (707) 777-6600 or contact us online today.
Serving Areas Throughout California
Eureka, Weott, Fortuna, Fort Bragg, Scotia, Ferndale, Loleta, Hydesville, Carlotta, Bridgeville, Redcrest, and Myers Flat