Experienced Partition 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 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 feasible, 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:
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- 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.
- 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.
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
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Partition Actions in Sacramento County
Partitions are quite common in Sacramento County. 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.
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.
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.
Talkov Law Sacramento Office
500 Capitol Mall, Suite 2350
Sacramento, CA 95814
Phone: (916) 668-3300
Our partition attorneys in Sacramento County also serve the nearby areas of El Dorado County, Placer County, Sutter County, Yolo County, Yuba County including Sacramento, Elk Grove, Citrus Heights, Folsom, Rancho Cordova, Carmichael, Orangevale, Fair Oaks, Galt, Isleton, and Antelope.