Fortuna Co-Ownership Disputes
Our team of partition attorneys in Humboldt can assist co-owners with frequently asked questions about partitions, such as:
- What is the average cost of a partition action? The average cost of a partition is around $20,000. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
- 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.
- 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).
- 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.
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
Our Fortuna Partition Attorneys Know Humboldt County
Fortuna is a small city located in Humboldt County, California. It is situated in the Eel River Valley, near the base of the Coastal Range Mountains. The city is known for its mild climate, redwood forests, and outdoor recreation opportunities. Fortuna is home to a variety of businesses, including a number of wineries, restaurants, and shops. The city is also home to the Fortuna Rodeo, which is held annually in June. Fortuna is a great place to visit for its natural beauty, outdoor activities, and friendly atmosphere.
Fortuna, California is located in the heart of the Redwood Empire and is known for its beautiful scenery and outdoor activities. The city is home to a variety of real estate options, including single-family homes, townhomes, condominiums, and multi-family dwellings. Single-family homes are the most common type of real estate in Fortuna, with many of them featuring stunning views of the surrounding redwood forests. Townhomes and condominiums are also popular in Fortuna, offering a more affordable option for those looking to purchase a home in the area. Multi-family dwellings are also available, providing an opportunity for investors to purchase multiple units in one building.
DeMartini v. DeMartini – Partition Action Case Study
In the legal case of DeMartini v. DeMartini, 2017 WL 2334329, A147782 (30-May-2017) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their parents’ real property. The siblings had inherited the property from their parents, and the siblings had agreed to partition the property in a certain way. However, one of the siblings later refused to abide by the agreement and refused to sign the partition agreement. The other sibling then filed a lawsuit seeking to compel the other sibling to sign the partition agreement. The court ultimately ruled in favor of the plaintiff, ordering the defendant to sign the partition agreement. The court also ordered the defendant to pay the plaintiff’s attorney’s fees and costs.
Contact an Experienced Partition Attorney in Fortuna, 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 Fortuna 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 Fortuna, California
Our partition attorneys in Fortuna also serve Eureka, Arcata, McKinleyville, Ferndale, Rio Dell, Scotia, Alton, and Hydesville
