Jointly Owned Property Issues in
Our team of partition attorneys in Humboldt can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- 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 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 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 Humboldt County Partition Attorneys Know Humboldt County
Humboldt County is a county located in the northern part of the U.S. state of California. It is the fourth-largest county in the state by area, and the fifth-most populous. The county seat is Eureka, located on the far North Coast, about 270 miles (430 km) north of San Francisco. Humboldt County is home to the Redwood National and State Parks, the largest remaining natural area of coastal redwood forest in the world. The county is also home to the Lost Coast, the only stretch of California’s coastline that is not connected to a highway. Humboldt County is known for its natural beauty, its diverse economy, and its vibrant arts and culture scene. It is also home to a number of unique and interesting attractions, including the Victorian-era Carson Mansion, the Humboldt County Historical Museum, and the Humboldt County Fair.
Humboldt County, California is known for its stunning natural beauty and diverse landscape. It is home to a variety of real estate options, including rural, coastal, and urban properties. Rural real estate in Humboldt County includes large parcels of land, often with acreage, that are ideal for farming, ranching, and other agricultural activities. These properties often feature stunning views of the surrounding mountains and valleys. Coastal real estate in Humboldt County includes beachfront properties, oceanfront homes, and waterfront lots. These properties offer stunning views of the Pacific Ocean and are perfect for those looking for a peaceful retreat. Urban real estate in Humboldt County includes homes and condos in the cities of Eureka, Arcata, and Fortuna. These properties are ideal for those looking for a more urban lifestyle, with easy access to shopping, dining, and entertainment. No matter what type of real estate you are looking for, Humboldt County has something to offer. From rural to coastal to urban, there is something for everyone in this beautiful part of California.
Elbert, Limited v. City of San Diego – Partition Action Case Study
In the legal case of Elbert, Limited v. City of San Diego, 116 Cal.App.2d 660 (1953), the issue of partition was at the center of the dispute. Elbert, Limited, a corporation, owned a parcel of land in San Diego, California. The City of San Diego sought to acquire the land for public use, and Elbert, Limited refused to sell. The City then filed a partition action, seeking to divide the land into two separate parcels, one for Elbert, Limited and one for the City. Elbert, Limited argued that the partition action was improper because the City was not a tenant in common with Elbert, Limited, and therefore did not have the right to partition the land. The court ultimately held that the City was not a tenant in common with Elbert, Limited, and therefore could not partition the land. The court also held that the City could not acquire the land through eminent domain because the land was not necessary for public use.
Contact an Experienced Partition Attorney in Humboldt 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 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 Humboldt County, California
Our partition attorneys in Humboldt County also serve Eureka, Arcata, Fortuna, McKinleyville, Rio Dell, Trinidad, Ferndale, and Trinity County
