Partition Lawyers in Citrus Heights
Our Citrus Heights partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation.
Talkov Law’s attorneys serving Sacramento 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 awarding each co-owner a certain percentage of the property's value. The court will then order the property to be divided according to the co-owners' wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff's interest in the property, which is generally the plaintiff's goal.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- 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.
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (916) 668-3300 or contact us online today.
Call us at (916) 668-3300 or contact us below to schedule a free, 15-minute consultation.
Higgins v. Higgins - Partition Action Case Study
In the legal case of Higgins v. Higgins, 46 Cal. 259 (1873), the issue was whether a partition of real property could be made between two co-owners. The court held that a partition could be made, but only if it was done in a manner that was fair and equitable to both parties. The court noted that the partition should be made in such a way that each party receives an equal share of the property, and that the partition should not be made in a way that would be detrimental to either party. The court also noted that the partition should be made in a way that would not cause any unnecessary hardship or expense to either party.
