Jointly Owned Property Issues in
Our team of partition attorneys in Colusa can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- 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.
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
Our Colusa County Partition Attorneys Know Colusa County
Colusa County is a county located in the Central Valley of California. It is bordered by Sutter County to the north, Glenn County to the east, Lake County to the south, and Yolo County to the west. The county seat is Colusa. The county has a total area of 1,156 square miles, of which 1,151 square miles is land and 5.2 square miles is water. The population of Colusa County was 21,419 in 2019. The county is primarily agricultural, with rice, walnuts, and other crops being the main products. The county is also home to several wildlife refuges, including the Colusa National Wildlife Refuge and the Sacramento National Wildlife Refuge. The county is also home to several state parks, including the Colusa-Sacramento River State Recreation Area and the Colusa-Sacramento River State Wildlife Area.
Colusa County, California is located in the Central Valley region of the state and is home to a variety of real estate types. The county is primarily agricultural, with a large portion of the land devoted to farming and ranching. The county also has a number of small towns and cities, including Colusa, Williams, Maxwell, and Arbuckle. The most common type of real estate in Colusa County is residential. This includes single-family homes, townhomes, and condominiums. There are also a number of rural properties, such as farms, ranches, and acreage. Commercial real estate is also available in the county, including office buildings, retail stores, and industrial properties. Colusa County also has a number of recreational properties, such as lakeside cabins, hunting lodges, and vacation homes. These properties are often located in the foothills of the Sierra Nevada Mountains or along the Sacramento River. There are also a number of golf courses and resorts in the area.
Wool v. Scott – Partition Action Case Study
In the legal case of Wool v. Scott, 140 Cal.App.2d 835 (1956), the issue was whether a partition of real property was proper. The plaintiff, Wool, owned a parcel of real property with his brother, Scott. Wool sought to partition the property, but Scott objected, arguing that the partition would be inequitable. The court found that the partition was proper, but that the partition should be made in such a way that the value of the property was not diminished. The court also found that the partition should be made in such a way that the interests of both parties were taken into account. The court also found that the partition should be made in such a way that the interests of the public were taken into account.
Contact an Experienced Partition Attorney in Colusa County, California
If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our experienced partition lawyers serving have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Colusa County property. For a free, 15-minute consultation with a knowledgeable partition attorney at Partition Lawyer California, call (530) 999-5588 or fill out a contact form online.
Contact us Today for a Free Consultation with a Partition Attorney in Colusa County, California
Our partition attorneys in Colusa County also serve Colusa, Arbuckle, Williams, Maxwell, Princeton, and Grimes
