Experienced Partition Attorneys Serving Sonoma County
Talkov Law’s attorneys serving Sonoma County are exceptionally experienced in the area of California partition actions. California partition actions allows for the division of real property among co-owners. This statute provides a legal mechanism for co-owners to divide their real property into separate interests. The partition statutes allow for the court to order a partition of the property, either by physically dividing the property or by selling the property and dividing the proceeds among the co-owners. The partition statutes also provide for the court to award damages to any co-owner who has been wrongfully excluded from the property. The partition statutes also allows for the court to award attorney’s fees and costs to the prevailing party.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
- 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
- Who pays for a partition action? In California, 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).
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
Speak to Our Sonoma County Partition Attorneys Today
End your co-ownership in Sonoma County today. You don’t pay until the house is sold!
Call us at (707) 777-6600
Partition Actions in Sonoma County
Partitions are quite common in Sonoma County. 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.
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.
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.
Our partition attorneys in Sonoma County also serve the nearby areas of Marin County, Napa County, Mendocino County, Lake County, Solano County including Santa Rosa, Petaluma, Rohnert Park, Windsor, Healdsburg, Sebastopol, Cotati, Sonoma, Cloverdale, Guerneville