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:
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- 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.
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
- 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.
- Who pays for a partition action? In California, 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).
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 the Yuba County County in the County of Yuba, 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.