Co-Ownership Disputes
Our team of partition attorneys in Shasta 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.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
- 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 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.
Our Shasta County Partition Attorneys Know Shasta County
Shasta County is located in the northern part of California, in the Cascade Range and the Klamath Mountains. It is bordered by Siskiyou, Trinity, Tehama, and Lassen counties. The county seat is Redding, and the largest city is Redding. The county has a population of approximately 180,000 people. The county is home to Mount Shasta, the second highest peak in the Cascade Range. The county is known for its outdoor recreation opportunities, including fishing, camping, hiking, and skiing. The county is also home to several national forests, including the Shasta-Trinity National Forest, the Lassen National Forest, and the Klamath National Forest. The county is also home to several state parks, including Whiskeytown National Recreation Area, McArthur-Burney Falls Memorial State Park, and Castle Crags State Park.
Shasta County was first inhabited by Native American tribes, including the Wintu, Yana, Atsugewi, and Modoc. The first non-native settlers arrived in the area in the early 1840s, and the county was officially established in 1850. The county was named after Mount Shasta, a prominent peak in the Cascade Range. In the late 19th century, the county experienced a population boom due to the discovery of gold in the area. This led to the establishment of several towns, including Redding, Anderson, and Shasta. The county also became a major agricultural center, with the production of wheat, barley, and other crops. In the 20th century, the county continued to grow, with the establishment of the Shasta Dam in 1945 and the opening of the Redding Airport in 1948. The county also experienced a population boom in the 1950s and 1960s due to the construction of the Shasta Dam and the growth of the timber industry. Today, Shasta County is a major tourist destination, with attractions such as Shasta Lake, Mount Shasta, and the Sundial Bridge. The county is also home to a number of wineries, breweries, and other businesses.
Clough v. Compton-Delevan Irr. Dist. – Partition Action Case Study
In the legal case of Clough v. Compton-Delevan Irr. Dist., 12 Cal.2d 385 (1938), the issue was whether a partition of a parcel of land was valid. The parcel of land was owned by two parties, Clough and Compton-Delevan Irrigation District. Clough wanted to partition the land, while Compton-Delevan Irrigation District argued that the partition was invalid because it would interfere with the district’s irrigation system. The court ultimately held that the partition was valid, but that the district was entitled to compensation for any damages caused by the partition. The court also held that the district was entitled to an injunction to prevent any further interference with its irrigation system.
Contact an Experienced Partition Attorney in Shasta 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 Shasta 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 Shasta County, California
Our partition attorneys in Shasta County also serve Redding, Anderson, Shasta Lake, Burney, McArthur, Cottonwood, Palo Cedro, Bella Vista, Trinity County, and Shingletown
