Talkov Law’s attorneys serving Yolo County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. 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 stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code 872.020.
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- 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 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.
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.
Speak to Our Yolo County 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 (916) 668-3300 or contact us below to schedule a free, 15-minute consultation
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.
Frequently Asked Questions About Partitions in Yolo County
How Much Does a Partition Action Cost in Yolo County?
The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.
Who Can File a Partition Action in Yolo County?
A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.
Who Pays for a Partition Action?
In Yolo County, 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).
Can a Partition Action Be Stopped in Yolo County?
Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
Contact our Team of Experienced Partition Lawyers Serving Yolo County, California
Our Yolo County partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov Law Partition Attorneys 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, call (916) 668-3300 or contact us online today.
Serving Areas Throughout California
Davis, West Sacramento, Woodland, Winters, Clarksburg, and Dixon