Experienced Partition 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 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:
- 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.
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- 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.
Speak to Our Rocklin Partition Attorneys Today
End your co-ownership in Placer County today. You don’t pay until the house is sold!
Call us at (916) 668-3300
Partition Actions in Rocklin
Partitions are quite common in Rocklin. 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.
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.
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.
Our partition attorneys in Rocklin, California serve Placer County and surrounding areas including Roseville, Lincoln, Loomis, Granite Bay, Auburn, Citrus Heights, Folsom.