Partition Actions in Roseville
Roseville is a city located in Placer County, California, in the Sacramento metropolitan area. It is the largest city in Placer County and is located just east of Sacramento. Roseville is known for its excellent schools, parks, and recreational activities. The city is home to a variety of shopping centers, restaurants, and entertainment venues. Roseville is also home to a number of corporate headquarters, including Hewlett-Packard, Oracle, and Intel. The city is a popular destination for outdoor activities, such as hiking, biking, and fishing. Roseville is also home to a number of historical sites, including the Maidu Museum and the Roseville Telephone Museum.
According to Zillow, the median home value in Roseville, California is $451,400 as of 2021. As of 2020, the population of the California area of Roseville is estimated to be 131,945.
Experienced Real Estate Partition Action Attorneys Serving Roseville
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:
- 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 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 you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
- What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
Donnelly v. Wetzel – Partition Action Case Study
In the legal case of Donnelly v. Wetzel, 37 Cal.App. 741 (1918), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a piece of real estate that had been inherited from their father. The siblings had agreed to divide the property, but the sister, Wetzel, refused to accept the partition and instead sought to have the property sold and the proceeds divided. The court found that the partition was valid and that Wetzel was not entitled to have the property sold. The court also found that Wetzel had acted in bad faith by refusing to accept the partition and that she was liable for damages for her refusal. The court also found that Wetzel was not entitled to any of the proceeds from the sale of the property.
Contact our Team of Experienced Partition Lawyers Serving the City of Roseville 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.