Modoc County Partition Lawyer

Understanding Co-Ownership in Modoc County

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

  • 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.
  • What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
  • Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
  • 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.
  • Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.

Partition Attorney in , California - Modoc County Partition Lawyer

Our Modoc County Partition Attorneys Know Modoc County

Modoc County is a county located in the far northeastern corner of the U.S. state of California. As of the 2010 census, the population was 9,686. The county seat and only incorporated city is Alturas. The county is located in the far northeast corner of California, bordering both Oregon and Nevada. It is the fifth-largest county in California by area. The county is very sparsely populated, with an average population density of only 1.8 people per square mile. The county is home to the Modoc National Forest, the Lava Beds National Monument, and the Surprise Valley. The county is known for its wide open spaces, its rugged terrain, and its abundance of wildlife. It is also home to a variety of outdoor activities, including camping, fishing, hunting, and hiking.

The Modoc County area of Los Angeles has a long and varied history. The area was originally inhabited by the Tongva people, who were later displaced by Spanish settlers in the late 1700s. The area was then part of Mexico until 1848, when it became part of the United States. In the late 1800s, the area was home to a large population of Chinese immigrants, who worked in the area’s many farms and ranches. In the early 1900s, the area was home to a large population of Japanese immigrants, who worked in the area’s many nurseries and flower farms. In the mid-1900s, the area was home to a large population of Mexican immigrants, who worked in the area’s many factories and warehouses. Today, the area is home to a diverse population of people from all over the world.

Hernandez v. Luna – Partition Action Case Study

In the legal case of Hernandez v. Luna, 2022 WL 16757487, E077393 (8-Nov-2022) , the partition issues revolve around the division of a parcel of land owned by the parties. The parties had inherited the land from their father, and had agreed to divide it equally between them. However, the parties disagreed on how to divide the land, and the court was tasked with determining the best way to divide the land. The court considered the size and shape of the land, the value of the land, and the parties’ respective interests in the land. Ultimately, the court determined that the land should be divided into two equal parts, with each party receiving one half of the land. The court also ordered that the parties should bear their own costs associated with the partition.

Contact an Experienced Partition Attorney in Modoc County, 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 have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Modoc 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 Modoc County, California