Partition Lawyers in Rancho Cordova
Our Rancho Cordova 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 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.
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- 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.
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
- 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.
- 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 (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.
Kershman v. Kershman - Partition Action Case Study
In the legal case of Kershman v. Kershman, 192 Cal.App.2d 23 (1961), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a family home. The siblings had inherited the home from their parents, and the plaintiff, the brother, wanted to partition the home so that each sibling could have their own separate residence. The defendant, the sister, argued that the partition would be detrimental to the value of the home and that it should remain undivided. The court ultimately ruled in favor of the plaintiff, finding that the partition of the home was necessary to protect the interests of both siblings. The court also noted that the partition would not necessarily reduce the value of the home, as the siblings could still use the home as a rental property.
