Partition Lawyers in Sonoma County
Our Sonoma 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 Sonoma 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 long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff's interest in the property for a fair value. Some cases may take 6 to 12 months.
- 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.
- 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.
- 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.
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don't have to pay your attorney to go through a disorganized mess to get the information they need.
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.
Baucum v. Le Baron - Partition Action Case Study
In the legal case of Baucum v. Le Baron, 136 Cal.App.2d 593 (1955), the issue was whether a partition of a jointly owned property was valid. The court found that the partition was invalid because the deed of partition was not properly executed. The deed of partition was not signed by all of the joint owners, and the deed was not properly recorded. Furthermore, the deed of partition did not provide for the division of the property in a manner that was fair and equitable to all of the joint owners. As a result, the court found that the partition was invalid and that the joint owners were still jointly and severally liable for the property.
