Partition Lawyers in Yolo County
Our Yolo 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 Yolo 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.
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- 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.
- How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
- 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.
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.
California Bank v. Schlesinger - Partition Action Case Study
In the legal case of California Bank v. Schlesinger, 159 Cal.App.2d Supp. 854 (1958), the issue of partition was at the center of the dispute. The case involved a dispute between the California Bank and the Schlesinger family over the ownership of a parcel of real estate. The Schlesinger family had purchased the property in 1945, but the California Bank had taken a mortgage on the property in 1947. The Schlesinger family had failed to make payments on the mortgage, and the California Bank had initiated foreclosure proceedings. The Schlesinger family then filed a partition action, seeking to divide the property into two separate parcels, one for the California Bank and one for the Schlesinger family. The California Bank argued that the partition action was improper because the Schlesinger family had no legal interest in the property. The court ultimately held that the Schlesinger family did have a legal interest in the property, and that the partition action was proper. The court also held that the California Bank was entitled to a portion of the proceeds from the sale of the property.
