Partition Lawyers in Yuba City
Our Yuba City partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation.
Talkov Law’s attorneys serving Sutter County are exceptionally experienced in the area of California partition actions. California partition actions allows for the partition of real property owned by two or more persons. This statute provides a legal mechanism for the division of real property when the owners cannot agree on how to divide the property. The partition statutes allow for the court to order the sale of the property and the division of the proceeds among the owners. The partition statutes also allows for the court to order the physical division of the property if it is feasible. The partition statutes also provide for the court to order the partition of the property by allotment, which is when the court assigns each owner a specific portion of the property.
- Can a partition action be stopped? Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
- 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 is California's Partition of Real Property Act? Effective January 1, 2023, California's new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
- 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.
- 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.
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.
Lehmann v. Kamp - Partition Action Case Study
In the legal case of Lehmann v. Kamp, 273 Cal.App.2d 701 (1969), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, Lehmann, sought to partition the property, while the defendant, Kamp, argued that partition was not appropriate. The court ultimately held that partition was not appropriate in this case, as the parties had agreed to a joint tenancy, and partition would have destroyed the joint tenancy. The court also noted that the parties had not agreed to a partition of the property, and that the plaintiff had not provided sufficient evidence to demonstrate that partition was necessary.
