Experienced Partition 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:
- Can a partition action be stopped? Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- 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.
- 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.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
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Partition Actions in Sacramento
Partitions are quite common in Sacramento. 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.
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.
Bartlett v. Mackey – Partition Action Case Study
In the legal case of Bartlett v. Mackey, 130 Cal. 181 (1900), the California Supreme Court was asked to decide whether a partition of real property was valid. The dispute arose when two brothers, William and John Mackey, inherited a parcel of land from their father. William wanted to keep the land intact, while John wanted to divide it into two separate parcels. The court held that the partition was valid, but that William was entitled to compensation for the value of the land he was giving up. The court also held that the partition should be made in such a way that each brother would receive an equal share of the land. The court’s decision established the principle that when two or more people own real property, they can divide it into separate parcels, but that the division must be made in a fair and equitable manner.
Contact our Team of Experienced Partition Lawyers Serving the City of Sacramento 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, California serve Sacramento County and surrounding areas including Roseville, Folsom, Elk Grove, Davis, Woodland, West Sacramento, Rancho Cordova, Citrus Heights, Rocklin, Lincoln.