Sonora Partition Lawyer

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.