Partition Actions in Sonoma County
Sonoma County is a county located in the northern part of the U.S. state of California. It is the largest county in the state and is home to the Sonoma Valley wine region. The county seat is Santa Rosa, and the largest city is Petaluma. Sonoma County is known for its natural beauty, including the Russian River, the Sonoma Coast, and the Redwood forests. It is also home to a variety of outdoor activities, including hiking, biking, camping, and fishing. The county is also home to a number of wineries, breweries, and distilleries, making it a popular destination for wine and beer lovers. Sonoma County is also home to a number of historic sites, including the Sonoma Mission, the Petaluma Adobe, and the Sonoma Plaza.
According to Zillow, the median home value in Sonoma County, California is $637,400 as of 2021. As of July 1, 2020, the population of Sonoma County, California was estimated to be 511,845.
Experienced Real Estate Partition Action Attorneys Serving Sonoma County
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 is that these statutes provide 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:
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- What is a partition action and when is it necessary?
- How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
- 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 to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
Speak to Our Sonoma County 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
Baucum v. Le Baron – Partition Action Case Study
In the legal case of Baucum v. Le Baron, 136 Cal.App.2d 593 (1955), the issue was whether a partition of a jointly owned property was valid. The court found that the partition was invalid because the deed of partition was not properly executed. The deed of partition was not signed by all of the joint owners, and the deed was not properly recorded. Furthermore, the deed of partition did not provide for the division of the property in a manner that was fair and equitable to all of the joint owners. As a result, the court found that the partition was invalid and that the joint owners were still jointly and severally liable for the property.
Contact our Team of Experienced Partition Lawyers Serving the Sonoma County County 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.