Talkov Law’s attorneys serving Sonoma County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- 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 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.
Rohnert Park is a city located in Sonoma County, California, United States, approximately 50 miles north of San Francisco. It is an incorporated city of the State of California that was founded in 1962. The city is known for its diverse population, excellent schools, and vibrant downtown area. It is home to Sonoma State University, the Green Music Center, and the Foxtail Golf Club. The city is also home to a variety of parks, trails, and recreational facilities. Rohnert Park is a great place to live, work, and play.
Speak to Our Rohnert Park Partition Attorneys Today
Call our Sonoma 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
Pine v. Tiedt – Partition Action Case Study
In the legal case of Pine v. Tiedt, 232 Cal.App.2d 733 (1965), 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, Pine, sought to partition the property, while the defendant, Tiedt, argued that the property should not be partitioned. The court ultimately held that the property should be partitioned, but that the partition should be done in a manner that would not cause any damage to the property. The court also held that the partition should be done in a way that would not cause any financial hardship to either party. The court also noted that the partition should be done in a way that would not interfere with the rights of either party to use the property.
Frequently Asked Questions About Partitions in Rohnert Park
How Much Does a Partition Action Cost in Rohnert Park?
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 Rohnert Park?
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 Rohnert Park, 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 Rohnert Park?
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 Rohnert Park, County of Sonoma, California
Our Rohnert Park 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.
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Santa Rosa, Petaluma, Novato, San Rafael, Sonoma, Cotati, Penngrove, and Sebastopol
