Partition Actions in West Sacramento
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.
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.
Experienced Real Estate Partition Action Attorneys Serving West Sacramento
Talkov Law’s attorneys serving Yolo County are exceptionally experienced in the area of California partition actions. 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- 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.
- 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.
- 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.
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 also serve Broderick, Bryte, Southport, and Sacramento.