Experienced Partition Attorneys Serving Yolo County
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 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.
- What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
- 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.
- What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
Speak to Our Yolo County Partition Attorneys Today
End your co-ownership in Yolo County today. You don’t pay until the house is sold!
Call us at (916) 668-3300
Partition Actions in Yolo County
Partitions are quite common in Yolo County. According to Zillow, the median home value in Yolo County, California is $521,400 as of 2021. As of July 1, 2019, the population of Yolo County, California was 221,181.
Yolo County is located in the Central Valley of California, west of Sacramento. It is bordered by Solano County to the north, Sacramento County to the east, Colusa County to the northeast, and Napa, Lake, and Sonoma Counties to the south. The county seat is Woodland. Yolo County is home to a diverse population of over 200,000 people, and is known for its agricultural production, particularly of tomatoes, walnuts, and wine grapes. The county is also home to several state parks, including Cache Creek Regional Park, Putah Creek State Wildlife Area, and Yolo Bypass Wildlife Area. Yolo County is a great place to live, work, and play, with its beautiful landscapes, vibrant communities, and rich history.
California Bank v. Schlesinger – Partition Action Case Study
In the legal case of California Bank v. Schlesinger, 159 Cal.App.2d Supp. 854 (1958), the issue of partition was at the center of the dispute. The case involved a dispute between the California Bank and the Schlesinger family over the ownership of a parcel of real estate. The Schlesinger family had purchased the property in 1945, but the California Bank had taken a mortgage on the property in 1947. The Schlesinger family had failed to make payments on the mortgage, and the California Bank had initiated foreclosure proceedings. The Schlesinger family then filed a partition action, seeking to divide the property into two separate parcels, one for the California Bank and one for the Schlesinger family. The California Bank argued that the partition action was improper because the Schlesinger family had no legal interest in the property. The court ultimately held that the Schlesinger family did have a legal interest in the property, and that the partition action was proper. The court also held that the California Bank was entitled to a portion of the proceeds from the sale of the property.
Contact our Team of Experienced Partition Lawyers Serving the Yolo County County 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 Yolo County also serve the nearby areas of Sacramento County, Solano County, Placer County, Contra Costa County, Napa County including Davis, West Sacramento, Woodland, Winters, Clarksburg