Partition Lawyers in Napa County
Our Napa County partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation.
Talkov Law’s attorneys serving Napa 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.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- 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.
- What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
- 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 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.
For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (707) 777-6600 or contact us online today.
Call us at (707) 777-6600 or contact us below to schedule a free, 15-minute consultation.
East Shore Co. v. Richmond Belt Ry. - Partition Action Case Study
In the legal case of East Shore Co. v. Richmond Belt Ry., 172 Cal. 174 (1916), the issue was whether a partition of a parcel of land was valid. The parcel of land was owned by two parties, East Shore Co. and Richmond Belt Ry. East Shore Co. had attempted to partition the parcel of land, but Richmond Belt Ry. argued that the partition was invalid because it was not done in accordance with the law. The court ultimately held that the partition was valid, but that the parties must agree to the terms of the partition in order for it to be legally binding. This case is important because it established the legal precedent that a partition of land must be done in accordance with the law in order to be valid.
