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. 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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the partition must be done in a fair and equitable manner, and that the court must approve the partition before it can be enforced. The partition statutes also provide that the court may order the sale of the property if the co-owners cannot agree on a partition. 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:
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
- 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.
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
- 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.
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.
Our partition attorneys in Sacramento also serve Midtown, Downtown, Land Park, East Sacramento, Curtis Park, Oak Park, Natomas, Arden-Arcade, Carmichael, Fair Oaks, Elk Grove, Roseville, Folsom, and West Sacramento.