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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 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:

  • What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
  • Can a partition action be stopped? 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.
  • 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.
  • 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.
  • Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.

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 Sutter County, California

    Our Sutter County 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 (530) 999-5588 or contact us online today.

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