Rocklin Partition Lawyer

Partition Actions in Rocklin

Rocklin is a city located in Placer County, California, United States. It is part of the Sacramento metropolitan area. Rocklin is known for its historic downtown, rolling hills, and large granite rock formations. The city is home to Sierra College, William Jessup University, and a number of parks and trails. Rocklin is also home to a number of businesses, including Intel, Oracle, and Kaiser Permanente. The city is a popular destination for outdoor recreation, with a number of golf courses, lakes, and trails.

According to Zillow, the median home value in Rocklin, California is $541,400 as of 2021. As of 2020, the population of the California area of Rocklin is estimated to be 68,945.

Experienced Real Estate Partition Action Attorneys Serving Rocklin

Talkov Law’s attorneys serving Placer 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:

  • Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
  • 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 we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
  • 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 a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.

Speak to Our Rocklin Partition Attorneys Today

Call our Placer County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (916) 668-3300 or contact us below to schedule a free, 15-minute consultation

    Larson v. Thoresen – Partition Action Case Study

    In the legal case of Larson v. Thoresen, 116 Cal.App.2d 790 (1953), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, Larson, sought to partition the property, while the defendant, Thoresen, argued that the property should not be partitioned. The court ultimately held that the property should be partitioned, finding that the plaintiff had a right to partition the property under California law. The court also found that the defendant had failed to show any legal or equitable reason why the property should not be partitioned. The court noted that the defendant had failed to show any evidence that the partition would be detrimental to the interests of either party. The court also noted that the defendant had failed to show any evidence that the partition would be detrimental to the interests of the public.

    Contact our Team of Experienced Partition Lawyers Serving the City of Rocklin, County of Placer, California

    Our Rocklin 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 at (916) 668-3300 or contact us online today.

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        Los Angeles, CA 90024
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