Del Norte County Partition Lawyer

Jointly Owned Property Issues in

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

  • 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.
  • Who pays for a partition action? In California, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
  • 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.
  • 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.
  • How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.

Partition Attorney in , California - Del Norte County Partition Lawyer

Our Del Norte County Partition Attorneys Know Del Norte County

Del Norte County is a county located in the far northwestern corner of the U.S. state of California. As of the 2010 census, the population was 28,610. The county seat and only incorporated city is Crescent City. Del Norte was one of the original counties of California, created in 1850 at the time of statehood. Del Norte County is located on the far northwest California coast, just south of the Oregon border. The county encompasses a variety of landscapes, including rugged coastline, dense old-growth and mixed forests, and high mountain peaks. The county is home to Redwood National and State Parks, which are home to some of the tallest and oldest trees in the world. The county is also home to numerous rivers, including the Smith, Klamath, and Trinity rivers. Del Norte County is known for its outdoor recreation opportunities, including fishing, camping, hiking, and kayaking. The county is also home to numerous cultural attractions, including the Del Norte County Historical Society Museum, the Crescent City Harbor, and the Jedediah Smith Redwoods State Park.

The Los Angeles community of Del Norte County has a long and rich history. The area was first settled by Native Americans, who lived in the area for thousands of years before the arrival of Europeans. The first Europeans to settle in the area were Spanish missionaries, who established a mission in the area in 1775. The area was then part of Mexico until 1848, when it became part of the United States. In the late 19th century, the area was settled by ranchers and farmers, and the town of Los Angeles was established in 1887. The town grew rapidly, and by the early 20th century, it had become a major center for the timber and fishing industries. The area was also home to a large number of immigrants from Mexico and other Latin American countries. Today, the Los Angeles community of Del Norte County is a vibrant and diverse community, with a strong sense of identity and pride.

Summers v. Superior Court – Partition Action Case Study

In the legal case of Summers v. Superior Court, 24 Cal.App.5th 138 (2018), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, and the sister had been living in the home for many years. The brother sought to partition the home, which would have required the sister to move out. The sister argued that partition was not an appropriate remedy in this case, as it would be inequitable to force her to move out of the home she had been living in for so long. The court ultimately agreed with the sister, finding that partition was not an appropriate remedy in this case.

Contact an Experienced Partition Attorney in Del Norte County, California

If you want to end your co-ownership relationship, but your co-owner disagrees, 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 Del Norte 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 Del Norte County, California