Talkov Law’s attorneys serving Trinity 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 is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- 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.
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- What is a partition action and when is it necessary?
Trinity County is a rural county located in the northern part of California, in the heart of the state’s famed Redwood Empire. It is bordered by Humboldt County to the north, Shasta County to the east, Mendocino County to the south, and Siskiyou County to the west. The county seat is Weaverville, and the largest city is Hayfork. Trinity County is home to the Trinity Alps Wilderness, the Trinity National Forest, and the Trinity River. The county is known for its rugged beauty, outdoor recreation opportunities, and its abundance of wildlife. It is also home to a number of small towns and communities, including Lewiston, Junction City, and Big Bar.
Speak to Our Trinity County Partition Attorneys Today
Call our Trinity 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
Adrian v. Adrian – Partition Action Case Study
In the legal case of Adrian v. Adrian, 2012 WL 967659, D058877 (22-Mar-2012) , the partition issues revolved around the division of a family-owned property. The property was owned by the parties’ parents, who had passed away. The parties had agreed to divide the property, but the agreement was not properly documented. The court found that the parties had agreed to divide the property, but that the agreement was not legally binding. The court then ordered the property to be partitioned according to the agreement, but also ordered that the parties would have to pay for the costs of the partition.
Frequently Asked Questions About Partitions in Trinity County
How Much Does a Partition Action Cost in Trinity County?
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 Trinity County?
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 Trinity County, 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 Trinity County?
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 Trinity County, California
Our Trinity County 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.
Serving Areas Throughout California
Weaverville, Shasta County, Siskiyou County, Humbolt County, Mendocino County, Tehama County, and Butte County
