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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be done in accordance with the laws of the state of California. 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:
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- 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 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 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.
- What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
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.