Partition Actions in Santa Rosa
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.
According to Zillow, the median home value in Santa Rosa, California is $637,400 as of 2021. The population of the Santa Rosa, California area is approximately 175,155.
Experienced Real Estate Partition Action Attorneys Serving Santa Rosa
Talkov Law’s attorneys serving Sonoma 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 Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- 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.
- 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 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.
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
Speak to Our Santa Rosa Partition Attorneys Today
Call our Sonoma County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (707) 777-6600 or contact us below to schedule a free, 15-minute consultation
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, County of Sonoma, California
Our Santa Rosa partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law unlocks access to justice for co-owners by funding your case. For qualified cases, you pay no fees until we successfully partition your property by obtaining a sale on the market or to your co-owner! For a free consultation with California’s first and largest team of partition attorneys at Talkov Law, call (707) 777-6600 or contact us online today.
Our partition attorneys in Santa Rosa also serve Rohnert Park, Windsor, Sebastopol, Healdsburg, Petaluma, Sonoma, Rincon Valley, Fountaingrove, Bennett Valley, Oakmont, Roseland, and St. Helena
