Talkov Law’s attorneys serving Sonoma County are exceptionally experienced in California partition actions and have conducted over 450 for our satisfied clients. 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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the partition must be done in a fair and equitable manner, and that the court must approve the partition before it can be enforced. The partition statutes also provide that the court may order the sale of the property if the co-owners cannot agree on a partition. The legal effect of the partition statutes is that it provides 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:
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
- 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.
- What is a partition action and when is it necessary?
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
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.
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.
Frequently Asked Questions About Partitions in Sonoma County
How Much Does a Partition Action Cost in Sonoma 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 Sonoma 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 Sonoma 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 Sonoma 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 Sonoma County, California
Our Sonoma 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 (707) 777-6600 or contact us online today.
Serving Areas Throughout California
Santa Rosa, Petaluma, Rohnert Park, Windsor, Healdsburg, Sebastopol, Cotati, Sonoma, Cloverdale, and Guerneville
