Talkov Law’s attorneys serving Sonoma County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. California partition actions allows for the division of real property owned by two or more persons. This statute allows for the court to order the sale of the property and the division of the proceeds among the owners. The court may also order the property to be physically divided among the owners. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the court finds that a physical division of the property would be impractical or inequitable. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property. The legal effect of the California partition statute is that it allows for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
- 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.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
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.
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.
Frequently Asked Questions About Partitions in Santa Rosa
How Much Does a Partition Action Cost in Santa Rosa?
The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.
Who Can File a Partition Action in Santa Rosa?
A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.
Who Pays for a Partition Action?
In Santa Rosa, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
Can a Partition Action Be Stopped in Santa Rosa?
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.
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 Partition Attorneys 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.
Serving Areas Throughout California
Rohnert Park, Windsor, Sebastopol, Healdsburg, Petaluma, Sonoma, Rincon Valley, Fountaingrove, Bennett Valley, Oakmont, Roseland, and St. Helena
