Partition Lawyers in Woodland
Our Woodland partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation.
Talkov Law’s attorneys serving Yolo 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 minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (530) 999-5588 or contact us online today.
Call us at (530) 999-5588 or contact us below to schedule a free, 15-minute consultation.
Martin v. Walker - Partition Action Case Study
In the legal case of Martin v. Walker, 8 P.C.L.J. 280 (1881), the issue was whether a partition of land between two parties was valid. The court found that the partition was not valid because the parties had not agreed to the terms of the partition in writing. The court held that a partition of land must be in writing and signed by both parties in order to be valid. This case established the legal principle that a partition of land must be in writing and signed by both parties in order to be valid.
