Arcata Partition Lawyer

Jointly Owned Property Issues in Arcata

Our team of partition attorneys in Humboldt can assist co-owners with frequently asked questions about partitions, such as:

• Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
• 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 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.
• Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
• 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.

Our Arcata Partition Attorneys Know Humboldt County

Arcata is a small city located in Humboldt County, California. It is situated on the northern coast of the state, about 300 miles north of San Francisco. Arcata is known for its progressive politics, its vibrant arts and music scene, and its stunning natural beauty. The city is home to Humboldt State University, and is a popular destination for outdoor recreation, including hiking, biking, and kayaking. Arcata is also home to a variety of unique shops, restaurants, and breweries. The city is a great place to explore and experience the beauty of Northern California.

Arcata is a small community located in the San Fernando Valley of Los Angeles, California. It was originally part of the Rancho San Rafael, a large Spanish land grant given to the Verdugo family in 1784. The area was later subdivided and sold off in the late 19th century. In the early 20th century, Arcata was a rural farming community, with many of its residents working in the nearby citrus groves. In the 1950s, the area began to experience rapid growth as the population of Los Angeles increased. The area was eventually annexed by the City of Los Angeles in the 1970s. Today, Arcata is a diverse, vibrant community with a mix of single-family homes, apartments, and condominiums.

In the legal case of Guttierrez v. Guttierrez, 2011 WL 1004606, C065165 (22-Mar-2011) , the partition issue at hand was whether the court should order the partition of a family home owned by the parties. The plaintiff, Maria Guttierrez, sought to partition the family home, which was owned by both her and her husband, Jose Guttierrez. The defendant, Jose Guttierrez, argued that the court should not order the partition of the family home because it was a community property asset and that the court should instead order the sale of the home. The court ultimately ruled in favor of the plaintiff, Maria Guttierrez, and ordered the partition of the family home. The court found that the family home was a community property asset and that the partition of the home was the most equitable solution for both parties.

Contact an Experienced Partition Attorney in Arcata, California

If you want to end your co-ownership relationship, but your co-owner refuses, a partition action is your only option. Our experienced partition lawyers serving Arcata have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Humboldt County property. For a free, 15-minute consultation with a knowledgeable partition attorney at Partition Lawyer California, call (707) 777-6600 or fill out a contact form online.

Contact us Today for a Free Consultation with a Partition Attorney in Arcata, California

Our partition attorneys in Arcata also serve Eureka, McKinleyville, Blue Lake, Trinidad, Ferndale, Sunny Brae, Bayside, and Manila