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. 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:
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- 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.
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 in the County of Placer, 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.