Winters Partition Lawyer

Partition Actions in Winters

Winters is a small city located in Yolo County, California. It is situated in the Central Valley, about 30 miles west of Sacramento. The city has a population of about 7,000 people and is known for its agricultural production, including olives, walnuts, and wine grapes. Winters is also home to a number of wineries, including Berryessa Gap, Putah Creek, and Solano Cellars. The city is also home to a number of parks, including Putah Creek Park, Winters Community Park, and Putah Creek Wildlife Area. Winters is a great place to visit for its small-town charm, outdoor activities, and local wineries.

According to Zillow, the median home value in Winters, California is $521,400. As of the 2020 United States Census, the population of the California area of Winters was 7,717.

Experienced Real Estate Partition Action Attorneys Serving Winters

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 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:

  • 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.
  • 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.
  • How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
  • How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
  • Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.

Speak to Our Winters 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 (530) 999-5588 or contact us below to schedule a free, 15-minute consultation

    Jamison v. McNeal – Partition Action Case Study

    In the legal case of Jamison v. McNeal, 2022 WL 1438863, A161846 (6-May-2022) , the issue of partition was at the center of the dispute. The parties were in disagreement over the division of a parcel of real property that was owned jointly by the two parties. The court was tasked with determining the appropriate division of the property, as well as the value of each party’s share. The court also had to consider the interests of both parties in the property, as well as any other relevant factors. Ultimately, the court determined that the property should be divided in a manner that was fair and equitable to both parties, and that each party should receive a share of the value of the property.

    Contact our Team of Experienced Partition Lawyers Serving the City of Winters, County of Yolo, California

    Our Winters 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 (530) 999-5588 or contact us online today.

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