Talkov Law’s attorneys serving Amador County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. 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 sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- 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 types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
Sutter Creek is a small city located in the Sierra Foothills of Amador County, California. It is situated in the heart of the Gold Country, and is known for its historic downtown, which is lined with charming shops, restaurants, and galleries. The city is also home to a number of wineries, and is a popular destination for wine tasting. Sutter Creek is surrounded by rolling hills and lush vineyards, and is a great place to explore the outdoors. The city is also known for its annual Sutter Creek Wine & Chocolate Festival, which celebrates the region’s wineries and chocolatiers.
Speak to Our Sutter Creek Partition Attorneys Today
Call our Amador County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (209) 600-7700 or contact us below to schedule a free, 15-minute consultation
Jamison v. Jamison – Partition Action Case Study
In the legal case of Jamison v. Jamison, 2006 WL 1738163, F046126 (27-Jun-2006) , the issue of partition was at the center of the dispute. The parties were arguing over the division of a parcel of real property that was owned jointly by the two parties. The court had to determine whether the property should be divided into two separate parcels or if it should remain as one parcel. The court also had to consider the value of the property and the potential for future development. Additionally, the court had to consider the potential for future disputes between the parties over the division of the property. Ultimately, the court determined that the property should remain as one parcel and that the parties should be allowed to develop the property as they saw fit.
Frequently Asked Questions About Partitions in Sutter Creek
How Much Does a Partition Action Cost in Sutter Creek?
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 Sutter Creek?
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 Sutter Creek, 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 Sutter Creek?
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 Sutter Creek, County of Amador, California
Our Sutter Creek 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 (209) 600-7700 or contact us online today.
Serving Areas Throughout California
Amador County, Jackson, Plymouth, Ione, Volcano, Pine Grove, Martell, Drytown, and Amador City
