Experienced Partition Attorneys Serving Vacaville
Talkov Law’s attorneys serving Solano County are exceptionally experienced in the area of California partition actions. California partition actions allows for the division of real property owned by two or more persons. This statute allows for the court to order the sale of the property and the division of the proceeds among the owners. The court may also order the property to be physically divided among the owners. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the court finds that a physical division of the property would be impractical or inequitable. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property. The legal effect of the California partition statute is that it allows for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- 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.
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
Speak to Our Vacaville Partition Attorneys Today
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Partition Actions in Vacaville
Partitions are quite common in Vacaville. According to Zillow, the median home value in Vacaville, California is $521,400. As of 2020, the population of Vacaville, California is estimated to be 103,742.
Vacaville is a city located in the northern part of California’s Central Valley, about halfway between Sacramento and San Francisco. It is known for its mild climate, its proximity to the Bay Area, and its many outdoor activities. Vacaville is home to a variety of businesses, including a large outlet mall, a variety of restaurants, and a number of wineries. The city is also home to a number of parks, including the Lagoon Valley Regional Park, which offers a variety of activities, including hiking, biking, and fishing. Vacaville is a great place to live, work, and play.
Gunn v. Gunn – Partition Action Case Study
In the legal case of Gunn v. Gunn, 102 Cal.App. 606 (1929), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their father’s estate. The father had died without a will, leaving his two children as the sole heirs of his estate. The siblings disagreed on how the estate should be divided, with one sibling wanting to keep the entire estate and the other wanting to divide it equally. The court ultimately ruled in favor of the sibling who wanted to divide the estate, finding that the estate should be divided equally between the two siblings. The court also noted that partition was the only way to ensure that the estate was divided fairly and equitably.
Contact our Team of Experienced Partition Lawyers Serving the City of Vacaville in the County of Solano, 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 (707) 777-6600 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Vacaville, California serve Solano County and surrounding areas including Fairfield, Dixon, Winters, Davis, Sacramento.