Partition Actions in Sonora
Sonora is a city located in the Sierra Nevada foothills of California, in Tuolumne County. It is the county seat and the only incorporated city in the county. Sonora is known for its historic downtown, which is home to a variety of shops, restaurants, and galleries. The city is also home to a number of historic buildings, including the Sonora Opera Hall, the Tuolumne County Courthouse, and the Sonora Dome. Sonora is a popular destination for outdoor recreation, with nearby lakes, rivers, and trails offering opportunities for fishing, camping, hiking, and more. The city is also home to a number of annual festivals and events, including the Mother Lode Roundup and the Sonora Celtic Faire.
According to Zillow, the median home value in Sonora, California is $346,400. As of 2020, the population of the California area of Sonora is estimated to be around 2,945,841 people.
Experienced Real Estate Partition Action Attorneys Serving Sonora
Talkov Law’s attorneys serving Tuolumne 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:
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- 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.
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- 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 recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
Constable v. Stueve – Partition Action Case Study
In the legal case of Constable v. Stueve, 2006 WL 2556497, E037989 (6-Sep-2006) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their parents’ estate. The siblings had inherited the estate after their parents passed away, and the siblings had agreed to divide the estate equally. However, the siblings disagreed on how to divide the estate, and the dispute went to court. The court had to decide whether the siblings should divide the estate according to the agreement they had made or if the court should order a partition of the estate. The court ultimately decided that the siblings should divide the estate according to the agreement they had made, and the court ordered the siblings to divide the estate in accordance with the agreement.
Contact our Team of Experienced Partition Lawyers Serving the City of Sonora in the County of Tuolumne, 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 (209) 600-7700 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Sonora also serve Jamestown, Columbia, Twain Harte, Mi-Wuk Village, Groveland, Angels Camp, Murphys, Arnold, San Andreas.