Talkov Law’s attorneys serving Sierra County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. 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:
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
- 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.
- 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.
- 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 a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
Sierra County is a county located in the northeastern part of the U.S. state of California. As of the 2010 census, the population was 3,240 making it the second-least populous county in California. The county seat is Downieville. The county is in the Sierra Nevada, northeast of Sacramento on the border with Nevada. Sierra County was formed from parts of Yuba County in 1852. The county derives its name from the Sierra Nevada.
Speak to Our Sierra County Partition Attorneys Today
Call our Sierra County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (530) 999-5588 or contact us below to schedule a free, 15-minute consultation
Sandore v. Ferguson – Partition Action Case Study
In the legal case of Sandore v. Ferguson, 2007 WL 3138615, G037922, G037379 (29-Oct-2007) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, and the dispute arose when one sibling wanted to sell the home and the other wanted to keep it. The court had to decide whether the siblings should be allowed to partition the home, meaning that each sibling would receive a portion of the home. The court ultimately decided that partition was not an appropriate solution, as it would have resulted in an unequal division of the property and would have caused financial hardship for one of the siblings. The court instead ordered that the siblings should sell the home and divide the proceeds equally.
Frequently Asked Questions About Partitions in Sierra County
How Much Does a Partition Action Cost in Sierra County?
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 Sierra County?
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 Sierra County, 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 Sierra County?
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 Sierra County, California
Our Sierra County 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 (530) 999-5588 or contact us online today.
Serving Areas Throughout California
Loyalton, Downieville, Sierraville, Alleghany, and Goodyears Bar
