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Windsor Partition Lawyer

Partition Actions in Windsor

Windsor is a small city located in Sonoma County, California. It is situated in the heart of the Russian River Valley, and is known for its picturesque vineyards, rolling hills, and redwood forests. The city is home to a variety of wineries, restaurants, and shops, as well as a number of parks and trails. Windsor is also home to the Windsor Town Green, a popular gathering spot for locals and visitors alike. The city is a popular destination for wine tasting, outdoor recreation, and relaxation.

According to Zillow, the median home value in Windsor, Sonoma County, California is $717,400 as of 2021. As of the 2020 census, the population of the California area of Windsor is 8,845.

Experienced Real Estate Partition Action Attorneys Serving Windsor

Talkov Law’s attorneys serving Sonoma 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 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:

  • Who pays for a partition action? In California, 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).
  • 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.
  • 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.
  • 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 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.

Speak to Our Windsor Partition Attorneys Today

Call our Sonoma County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (707) 777-6600 or contact us below to schedule a free, 15-minute consultation

    Sutter v. City and County of San Francisco – Partition Action Case Study

    In the legal case of Sutter v. City and County of San Francisco, 36 Cal. 112 (1868), the issue was whether the City and County of San Francisco had the right to partition a parcel of land owned by John Sutter. Sutter had purchased the land in 1847, and the City and County of San Francisco had passed an ordinance in 1851 that allowed for the partition of land in the city. Sutter argued that the ordinance was unconstitutional and that the city had no right to partition his land. The court ultimately held that the ordinance was constitutional and that the city had the right to partition the land. The court also held that the partition was valid and that Sutter was not entitled to any compensation for the partition.

    Contact our Team of Experienced Partition Lawyers Serving the City of Windsor, County of Sonoma, California

    Our Windsor partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law 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 at (707) 777-6600 or contact us online today.

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    Contact Us Today for a Free Consultation & Pay No Retainer

    Call Talkov Law to discuss having your legal fees paid from the proceeds of sale of your property and no money down

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