Sonoma Partition Lawyer

Partition Actions in Sonoma

Sonoma is a city in Sonoma County, California, located in the heart of the Sonoma Valley wine country. It is known for its picturesque downtown, historic sites, and world-class wineries. The city is home to the Sonoma State Historic Park, which includes the Mission San Francisco Solano, the last and northernmost of the California missions. Sonoma is also home to the Sonoma Raceway, a motorsports complex that hosts a variety of events throughout the year. The city is surrounded by vineyards and rolling hills, making it a popular destination for wine tasting and outdoor recreation.

According to Zillow, the median home value in Sonoma, California is $717,400 as of 2021. As of July 2020, the population of Sonoma County, California is estimated to be 511,845.

Experienced Real Estate Partition Action Attorneys Serving Sonoma

Talkov Law’s attorneys serving Sonoma County are exceptionally experienced in the area of California partition actions. 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

  • Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
  • What is a partition action and when is it necessary?
  • 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.
  • 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).
  • What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.

Speak to Our Sonoma 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

    Kaut v. Kelsey – Partition Action Case Study

    In the legal case of Kaut v. Kelsey, 2014 WL 495497, A136094 (7-Feb-2014) , 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 siblings had agreed to partition the home, with one sibling taking the upstairs portion and the other taking the downstairs portion. However, the siblings had not been able to agree on the terms of the partition, and the dispute had gone to court. The court had to decide whether the partition should be done by physical division of the home, or by a sale of the home and a division of the proceeds. The court ultimately decided that the partition should be done by a sale of the home and a division of the proceeds.

    Contact our Team of Experienced Partition Lawyers Serving the City of Sonoma, County of Sonoma, California

    Our Sonoma partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law 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 at (707) 777-6600 or contact us online today.

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