South Lake Tahoe Partition Attorney

Q: How Much Does a Partition Action Cost in South Lake Tahoe?

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.

Q: Who Can File a Partition Action in South Lake Tahoe?

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.

Talkov Law’s attorneys serving El Dorado County are exceptionally experienced in California partition actions and have conducted over 400 partitions 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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. 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.

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

What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
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.
What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.

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Call our El Dorado County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (530) 999-5588 or contact us below to schedule a free, 15-minute consultation

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Williams v. Williams – Partition Action Case Study

In the legal case of Williams v. Williams, 255 Cal.App.2d 648 (1967), the issue was whether a partition of real property was proper. The case involved a dispute between two siblings over the partition of a family home. The siblings had inherited the home from their parents, and the sister wanted to partition the property so that each sibling would own a separate portion of the home. The brother argued that the partition was not proper because it would result in a division of the home that was not equal. The court ultimately ruled that the partition was proper, but that the brother was entitled to compensation for the difference in value between the two portions of the property.

Frequently Asked Questions About Partitions in South Lake Tahoe

How Long Does a Partition Action Take in South Lake Tahoe?

Most South Lake Tahoe partition actions are typically resolved in approximately 7 months, as most cases conclude with either a buyout or an agreed sale. However, the duration can vary, taking more or less time depending on the complexity of the case and the willingness of the parties to reach an agreement.

How Much Does a Partition Action Cost in South Lake Tahoe?

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 South Lake Tahoe?

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 South Lake Tahoe, 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 South Lake Tahoe?

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 the City of South Lake Tahoe, County of El Dorado, California

Our South Lake Tahoe 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 (530) 999-5588 or contact us online today.

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