Experienced Partition Attorneys Serving West Sacramento
Talkov Law’s attorneys serving Yolo County are exceptionally experienced in the area of California partition actions. California partition actions allows for the partition of real property owned by two or more persons. This statute provides a legal mechanism for the division of real property when the owners cannot agree on how to divide the property. The partition statutes allow for the court to order the sale of the property and the division of the proceeds among the owners. The partition statutes also allows for the court to order the physical division of the property if it is feasible. The partition statutes also provide for the court to order the partition of the property by allotment, which is when the court assigns each owner a specific portion of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
Speak to Our West Sacramento Partition Attorneys Today
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Call us at (916) 668-3300
Partition Actions in West Sacramento
Partitions are quite common in West Sacramento. According to Zillow, the median home value in West Sacramento, California is $372,400. As of 2020, the population of West Sacramento, California is estimated to be 56,902.
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.
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.
Contact our Team of Experienced Partition Lawyers Serving the City of West Sacramento in the County of Yolo, 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 (916) 668-3300 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in West Sacramento, California serve Yolo County and surrounding areas including Davis, Woodland, Sacramento, Elk Grove, Dixon.
