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Sutter County Partition Lawyer

Partition Actions in Sutter County

Sutter County is a county located in the Central Valley of California. It is part of the Greater Sacramento metropolitan area. The county seat is Yuba City. The county has a total area of 626 square miles, of which 622 square miles is land and 4.2 square miles is water. The county is home to a variety of agricultural activities, including rice, walnuts, and cattle. It is also home to the Sutter Buttes, a small mountain range that is the smallest mountain range in the world. The county is also home to a number of recreational activities, including fishing, camping, and hiking.

According to Zillow, the median home value in Sutter County, California is $322,400 as of 2021. As of July 1, 2019, the population of Sutter County, California was 94,737.

Experienced Real Estate Partition Action Attorneys Serving Sutter County

Talkov Law’s attorneys serving Sutter County are exceptionally experienced in the area of California partition actions. California partition actions allows for the partition of real property owned by two or more persons. This statute provides a legal mechanism for the division of real property when the owners cannot agree on how to divide the property. The partition statutes allow for the court to order the sale of the property and the division of the proceeds among the owners. The partition statutes also allows for the court to order the physical division of the property if it is feasible. The partition statutes also provide for the court to order the partition of the property by allotment, which is when the court assigns each owner a specific portion of the property.

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

  • 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.
  • How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
  • 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 recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
  • How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.

Speak to Our Sutter County Partition Attorneys Today

Call our Sutter 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

    Hall v. Law – Partition Action Case Study

    In the legal case of Hall v. Law, 102 U.S. 461 (1880), the issue was whether a partition of real estate could be made without the consent of all the owners. The case involved a dispute between two brothers, William and John Hall, over the partition of their father’s estate. William wanted to partition the estate, while John objected. The Supreme Court held that a partition of real estate could not be made without the consent of all the owners, and that William’s attempt to partition the estate without John’s consent was invalid. The Court also held that the partition could not be made without a court order. This case established the principle that partition of real estate requires the consent of all the owners, and that a court order is necessary to effectuate the partition.

    Contact our Team of Experienced Partition Lawyers Serving the Sutter County County in the County of Sutter, 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 (530) 999-5588 or contact us online for a free consultation about your co-ownership issues.

    Our partition attorneys in Sutter County also serve Yuba City, Live Oak, Meridian, Pleasant Grove, and Rio Oso, and others.

    Talkov Law is Rated 5 out of 5 stars based on 70 customer reviews.

    Contact Us Today for a Free Consultation & Pay No Legal Fees Until Your Case is Over

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