Sacramento Partition Lawyer

Partition Actions in Sacramento

Sacramento is the capital of California and the seat of Sacramento County. It is located at the confluence of the Sacramento River and the American River in the northern portion of California’s expansive Central Valley. It is the sixth-largest city in California and the 35th largest in the United States. Sacramento is known for its diverse culture, vibrant nightlife, and its many parks and museums. It is home to the California State Capitol, the Crocker Art Museum, the California State Railroad Museum, and the Sacramento Zoo. The city is also home to a number of professional sports teams, including the Sacramento Kings of the NBA and the Sacramento River Cats of the Pacific Coast League.

According to Zillow, the median home value in Sacramento, California is $372,400 as of 2021. As of July 2020, the population of the Sacramento metropolitan area is estimated to be 2,296,418.

Experienced Real Estate Partition Action Attorneys Serving Sacramento

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:

• 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 a partition action and when is it necessary?
• Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
• How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
• 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.