Partition Actions in Yuba City
Yuba City is a city located in Sutter County, California, United States. It is located in the Sacramento Valley, about 40 miles (64 km) north of Sacramento, and is part of the Greater Sacramento metropolitan area. Yuba City is the principal city of the Yuba City Metropolitan Statistical Area which encompasses all of Sutter County and Yuba County. The metro area’s population is 164,138. It is the 21st largest metropolitan area in California ranked behind Redding and Chico.
According to Zillow, the median home value in Yuba City, California is $269,400. As of 2020, the population of Yuba City, California is estimated to be 66,945.
Experienced Real Estate Partition Action Attorneys Serving Yuba City
Talkov Law’s attorneys serving Sutter County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- What is a partition action and when is it necessary?
- 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.
- 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.
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
Lehmann v. Kamp – Partition Action Case Study
In the legal case of Lehmann v. Kamp, 273 Cal.App.2d 701 (1969), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, Lehmann, sought to partition the property, while the defendant, Kamp, argued that partition was not appropriate. The court ultimately held that partition was not appropriate in this case, as the parties had agreed to a joint tenancy, and partition would have destroyed the joint tenancy. The court also noted that the parties had not agreed to a partition of the property, and that the plaintiff had not provided sufficient evidence to demonstrate that partition was necessary.
Contact our Team of Experienced Partition Lawyers Serving the City of Yuba City in the County of Sutter, 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 (530) 999-5588 or contact us online for a free consultation about your co-ownership issues.