Jointly Owned Property Issues in Sacramento
Our team of partition attorneys in Sacramento can assist co-owners with frequently asked questions about partitions, such as:
- What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
- 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 the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
- 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.
- 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).

Our Sacramento Partition Attorneys Know Sacramento County
Sacramento is the capital of California and the seat of Sacramento County. It is located at the confluence of the Sacramento River and the American River in the northern portion of California’s expansive Central Valley. It is the sixth-largest city in California and the 35th largest in the United States. Sacramento is known for its diverse culture, vibrant nightlife, and its many parks and museums. It is home to the California State Capitol, the Crocker Art Museum, the California State Railroad Museum, and the Sacramento Zoo. The city is also home to a number of professional sports teams, including the Sacramento Kings of the NBA and the Sacramento River Cats of the Pacific Coast League.
Sacramento, California, was founded in 1839 by John Sutter, a Swiss immigrant. The city was originally named Sutter’s Fort, after Sutter’s fortification of the area. In 1848, the city was renamed Sacramento after the Sacramento River, which runs through the city. Sacramento quickly became a major hub for the California Gold Rush, as it was the closest major city to the gold fields. During this time, the city’s population grew rapidly, and it became the western terminus of the Pony Express. In the late 19th century, Sacramento became a major transportation hub, with the completion of the Transcontinental Railroad in 1869. The city also became a major agricultural center, with the development of irrigation systems in the early 20th century. In the mid-20th century, Sacramento experienced a period of rapid growth, with the development of suburbs and the construction of freeways. The city is now the capital of California and is home to a diverse population of over 500,000 people.
Bartlett v. Mackey – Partition Action Case Study
In the legal case of Bartlett v. Mackey, 130 Cal. 181 (1900), the California Supreme Court was asked to decide whether a partition of real property was valid. The dispute arose when two brothers, William and John Mackey, inherited a parcel of land from their father. William wanted to keep the land intact, while John wanted to divide it into two separate parcels. The court held that the partition was valid, but that William was entitled to compensation for the value of the land he was giving up. The court also held that the partition should be made in such a way that each brother would receive an equal share of the land. The court’s decision established the principle that when two or more people own real property, they can divide it into separate parcels, but that the division must be made in a fair and equitable manner.
Contact an Experienced Partition Attorney in Sacramento, 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 Sacramento 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 a knowledgeable 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 Sacramento, California
Our partition attorneys in Sacramento also serve Roseville, Folsom, Elk Grove, Davis, Woodland, West Sacramento, Rancho Cordova, Citrus Heights, Rocklin, Lincoln, Midtown, Downtown, Land Park, East Sacramento, Curtis Park, Oak Park, Natomas, Arden-Arcade, Carmichael, and Fair Oaks