Talkov Law’s attorneys serving Tuolumne 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 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.
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
- 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.
- 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.
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
Tuolumne County is a county located in the Sierra Nevada region of California. It is located east of San Joaquin County and south of Calaveras County. The county seat is Sonora. The county is home to Yosemite National Park, Stanislaus National Forest, and the Sierra National Forest. It is known for its outdoor recreation opportunities, including camping, fishing, hiking, and skiing. The county is also home to several small towns, including Jamestown, Twain Harte, and Sonora. The population of Tuolumne County is 54,530.
Speak to Our Tuolumne County Partition Attorneys Today
Call our Tuolumne 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
Montoya v. Gonzales – Partition Action Case Study
In the legal case of Montoya v. Gonzales, 232 U.S. 375 (1914), the Supreme Court of the United States was asked to decide whether a partition of land between two parties was valid. The dispute arose when the plaintiff, Montoya, purchased a tract of land from the defendant, Gonzales. Montoya then sought to partition the land into two separate parcels, one for himself and one for Gonzales. Gonzales objected to the partition, arguing that the land was not legally divisible. The Supreme Court ultimately held that the partition was valid, finding that the land was divisible and that the parties had agreed to the partition. The Court also noted that the partition was in the best interests of both parties. The case is important because it established the legal principle that land can be partitioned, even if it is not legally divisible.
Frequently Asked Questions About Partitions in Tuolumne County
How Much Does a Partition Action Cost in Tuolumne 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 Tuolumne 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 Tuolumne 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 Tuolumne 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 Tuolumne County, California
Our Tuolumne 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 (209) 600-7700 or contact us online today.
Serving Areas Throughout California
Sonora, Twain Harte, Tuolumne City, Jamestown, Groveland, Columbia, Mi-Wuk Village, Alpine County, and Mariposa County
