Co-Ownership Disputes
Our team of partition attorneys in Nevada can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
- 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.
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
Our Nevada County Partition Attorneys Know Nevada County
Nevada County is a county located in the Sierra Nevada region of California. It is located in the northeastern part of the state, and is bordered by Placer County to the north, Sierra County to the east, Yuba County to the south, and Placer and El Dorado counties to the west. The county seat is Nevada City. The county has a total area of 974 square miles, and a population of 98,764 as of the 2010 census. Nevada County is known for its Gold Rush history, and is home to many historic sites, including the Empire Mine State Historic Park, the North Star House, and the Nevada City Firehouse Museum. The county is also home to several ski resorts, including Sugar Bowl, Boreal Mountain Resort, and Soda Springs. Nevada County is a popular destination for outdoor recreation, with many trails, lakes, and rivers for hiking, camping, fishing, and other activities.
Nevada County was formed in 1851 from parts of Yuba County. It was named after the Sierra Nevada mountain range. The county seat is Nevada City, which was founded in 1849 during the California Gold Rush. The county is home to many historic sites, including the Empire Mine State Historic Park, the North Star House, and the Nevada City Firehouse Museum. The county is also home to the Nevada County Fair, which has been held annually since 1864. The county is known for its outdoor recreation opportunities, including hiking, biking, camping, fishing, and skiing.
Gwinn v. Commissioner of Internal Revenue – Partition Action Case Study
In the legal case of Gwinn v. Commissioner of Internal Revenue, 54 F.2d 728 (1932), the issue was whether a partition of a family farm between two brothers constituted a taxable event. The brothers had inherited the farm from their father and had agreed to divide it into two parts. The Commissioner of Internal Revenue argued that the partition constituted a taxable event, as it was a transfer of property from one brother to the other. The court disagreed, ruling that the partition was not a taxable event, as it was merely a division of the property between the two brothers, and not a transfer of property from one to the other.
Contact an Experienced Partition Attorney in Nevada County, California
If you want to end your co-ownership relationship, but your co-owner won’t agree, 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 Nevada County property. For a free, 15-minute consultation with an experienced 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 Nevada County, California
Our partition attorneys in Nevada County also serve Nevada City, Grass Valley, Truckee, Penn Valley, Lake Wildwood, Alta Sierra, Cedar Ridge, and Rough Ready
