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. 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:
- 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.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- 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 is a partition action and when is it necessary?
- 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.
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 the Sacramento County County in the County of Sacramento, 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.