Yuba County Partition Lawyer

Partition Actions in Yuba County

Yuba County is located in the Central Valley of California, north of Sacramento and south of the Sierra Nevada Mountains. It is bordered by Sutter County to the north, Placer County to the east, Butte County to the south, and Nevada County to the west. The county seat is Marysville. Yuba County is home to a variety of outdoor activities, including fishing, camping, hiking, and boating. The county is also home to several wineries, and is known for its agricultural production, including walnuts, almonds, and rice. The county is also home to the Yuba River, which is a popular destination for whitewater rafting and kayaking.

According to Zillow, the median home value in Yuba County, California is $269,000 as of 2021. As of July 1, 2019, the population of Yuba County, California was estimated to be 72,945.

Experienced Real Estate Partition Action Attorneys Serving Yuba County

Talkov Law’s attorneys serving Yuba 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:

  • Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
  • 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 a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
  • Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
  • What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.

Speak to Our Yuba County Partition Attorneys Today

Call our Yuba 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. Jamison – Partition Action Case Study

    In the legal case of Jamison v. Jamison, 164 Cal.App.4th 714 (2008), the issue of partition was at the center of the dispute. The parties had inherited a family home from their parents, and the husband wanted to sell the property and divide the proceeds, while the wife wanted to keep the property and have the husband buy out her interest. The court had to decide whether the property should be partitioned or not. The court found that the property should not be partitioned because the parties had a long history of living together in the home, and the wife had made substantial improvements to the property. The court also found that the wife had a greater need for the property than the husband, and that partitioning the property would be inequitable.

    Contact our Team of Experienced Partition Lawyers Serving Yuba County, California

    Our Yuba County 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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