Elk Grove Co-Ownership Disputes
Our team of partition attorneys in Sacramento can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- 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.
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
Our Elk Grove Partition Attorneys Know Sacramento County
Elk Grove is a city in Sacramento County, California, located just south of the state capital of Sacramento. Elk Grove is the second-largest city in the county and the tenth-largest city in the state. The city is known for its diverse population, excellent schools, and vibrant economy. Elk Grove is home to a variety of businesses, including technology, healthcare, and retail. The city also boasts a number of parks and recreational facilities, as well as a variety of cultural attractions. Elk Grove is a great place to live, work, and play.
Elk Grove, California is a vibrant and growing city located in the Sacramento metropolitan area. The city is home to a variety of real estate options, including single-family homes, townhomes, condominiums, and apartments. Single-family homes are the most popular type of real estate in Elk Grove, with a variety of styles and sizes available. Townhomes are also popular, offering a more affordable option for those looking to purchase a home. Condominiums are a great option for those looking for a low-maintenance lifestyle, while apartments are a great option for those looking for a more affordable rental option.
Corrigan v. Stiltz – Partition Action Case Study
In the legal case of Corrigan v. Stiltz, 233 Cal.App.2d 381 (1965), 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, Corrigan, sought to partition the property, while the defendant, Stiltz, argued that partition was not appropriate. The court ultimately held that partition was not appropriate in this case, as the property was not susceptible to division without causing substantial injury to either party. The court also noted that the parties had agreed to a joint tenancy, which meant that neither party had the right to partition the property without the consent of the other.
Contact an Experienced Partition Attorney in Elk Grove, 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 Elk Grove have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Sacramento County property. For a free, 15-minute consultation with an experienced partition attorney at Partition Lawyer California, call (916) 668-3300 or fill out a contact form online.
Contact us Today for a Free Consultation with a Partition Attorney in Elk Grove, California
Our partition attorneys in Elk Grove also serve Sacramento, Roseville, Davis, Stockton, Lodi, Galt, Laguna, Sheldon, Wilton, Florin, and Vineyard
