Sacramento County Partition Lawyer

Partition Actions in Sacramento County

Sacramento County is located in the Central Valley of California, and is the state’s capital. It is the most populous county in the state, with a population of 1,505,957 as of the 2019 census. The county seat is the city of Sacramento, which is also the state capital. The county is home to a diverse population, with a mix of urban and rural areas. It is home to a variety of industries, including agriculture, technology, and government. The county is also home to a number of parks, museums, and other attractions. Sacramento County is a great place to live, work, and play.

According to Zillow, the median home value in Sacramento County, California is $372,400 as of 2021. As of July 1, 2019, the population of Sacramento County, California was 1,552,958.

Experienced Real Estate Partition Action Attorneys Serving Sacramento County

Talkov Law’s attorneys serving Sacramento 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:

  • Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
  • What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
  • 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.
  • 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.
  • What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.

Speak to Our Sacramento County Partition Attorneys Today

Call our Sacramento 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

    American Medical International, Inc. v. Feller – Partition Action Case Study

    In the legal case of American Medical International, Inc. v. Feller, 59 Cal.App.3d 1008 (1976), the issue of partition was at the center of the dispute. The case involved a dispute between two shareholders of a corporation, American Medical International, Inc. (AMI). The two shareholders, Feller and AMI, had a disagreement over the ownership of certain assets of the corporation. Feller argued that he owned a one-half interest in the assets, while AMI argued that Feller only owned a one-fourth interest. The court had to decide whether Feller was entitled to a one-half or one-fourth interest in the assets. The court held that Feller was entitled to a one-half interest in the assets. The court reasoned that the assets were held in a tenancy in common, and that Feller was entitled to a one-half interest in the assets under the law of partition. The court also held that AMI was not entitled to a one-fourth interest in the assets, as it had argued. The court reasoned that AMI had not acquired any interest in the assets, and that Feller was the sole owner of the assets. The court also held that AMI was not entitled to any compensation for its alleged contribution to the assets.

    Contact our Team of Experienced Partition Lawyers Serving Sacramento County, California

    Our Sacramento County 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.

    Talkov Law Sacramento Office

    500 Capitol Mall, Suite 2350
    Sacramento, CA 95814
    Phone: (916) 668-3300

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