Experienced Partition Attorneys Serving Santa Rosa
Talkov Law’s attorneys serving Sonoma 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 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:
- 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.
- 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 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.
- 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 will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
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Partition Actions in Santa Rosa
Partitions are quite common in Santa Rosa. According to Zillow, the median home value in Santa Rosa, California is $637,400 as of 2021. As of 2020, the population of the Santa Rosa, California area is approximately 175,155.
Santa Rosa is a city in Sonoma County, California, located in the North Bay region of the San Francisco Bay Area. It is the county seat of Sonoma County and the fifth-largest city in the Bay Area. Santa Rosa is known for its natural beauty, with rolling hills, vineyards, and redwood forests. The city is home to a vibrant arts and culture scene, with numerous galleries, museums, and performing arts venues. Santa Rosa is also a popular destination for outdoor recreation, with numerous parks, trails, and lakes. The city is also home to a number of wineries and breweries, making it a great destination for wine and beer lovers.
Cooley v. Miller & Lux – Partition Action Case Study
In the legal case of Cooley v. Miller & Lux, 168 Cal. 120 (1914), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a ranch in California. The plaintiff, Cooley, sought to partition the ranch, while the defendant, Miller & Lux, argued that the ranch was not subject to partition because it was held in joint tenancy. The court ultimately ruled in favor of Cooley, finding that the ranch was subject to partition because it was held in tenancy in common, not joint tenancy. The court also held that the partition should be made in accordance with the wishes of the parties, and that the court should not interfere with the partition unless it was necessary to protect the rights of the parties.
Contact our Team of Experienced Partition Lawyers Serving the City of Santa Rosa in the County of Sonoma, 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 (707) 777-6600 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Santa Rosa, California serve Sonoma County and surrounding areas including Rohnert Park, Windsor, Sebastopol, Healdsburg, Petaluma, Sonoma.