Talkov Law’s attorneys serving Yolo County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. California partition actions allows for the division of real property among co-owners. This statute provides a legal mechanism for co-owners to divide their real property into separate interests. The partition statutes allow for the court to order a partition of the property, either by physically dividing the property or by selling the property and dividing the proceeds among the co-owners. The partition statutes also provide for the court to award damages to any co-owner who has been wrongfully excluded from the property. The partition statutes also allows for the court to award attorneys fees and costs to the prevailing party.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code 872.020.
- What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
- 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.
- What is a partition action and when is it necessary?
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
West Sacramento is a city located in Yolo County, California, just across the Sacramento River from the state capital of Sacramento. It is a vibrant and diverse city that is home to a variety of businesses, including the Raley’s grocery store chain, the West Sacramento River Cats minor league baseball team, and the California State University, Sacramento. The city is also home to a number of parks, including the West Sacramento River Walk, which offers a scenic view of the river and the city skyline. West Sacramento is a great place to live, work, and play, and is a great place to visit for its many attractions.
Speak to Our West Sacramento Partition Attorneys Today
Call our Yolo County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (916) 668-3300 or contact us below to schedule a free, 15-minute consultation
Muller v. Muller – Partition Action Case Study
In the legal case of Muller v. Muller, 14 Cal.App. 347 (1910), 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 leaving a will, and the siblings had inherited the estate in equal shares. The siblings disagreed on how to divide the estate, and the court was asked to decide the issue. The court held that the siblings had a right to partition the estate, but that the partition must be made in a fair and equitable manner. The court also held that the partition must be made in accordance with the wishes of the deceased, if they can be ascertained. The court also noted that the partition must be made in a manner that is consistent with the law of the state.
Frequently Asked Questions About Partitions in West Sacramento
How Much Does a Partition Action Cost in West Sacramento?
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 West Sacramento?
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 West Sacramento, 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 West Sacramento?
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 West Sacramento, County of Yolo, California
Our West Sacramento 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 (916) 668-3300 or contact us online today.
Serving Areas Throughout California
Davis, Woodland, Sacramento, Elk Grove, Dixon, Broderick, Bryte, and Southport
