Sierra Nevada Partition Lawyer

Understanding Co-Ownership in Madera County

Our team of partition attorneys in Madera 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 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.
  • How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
  • Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
  • 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

Partition Attorney in , California - Madera County Partition Lawyer

Our Sierra Nevada Partition Attorneys Know Madera County

The Sierra Nevada is a mountain range located in the western United States, stretching 400 miles (640 km) along the eastern edge of California. It is home to some of the most spectacular scenery in the world, including Yosemite National Park, Lake Tahoe, and the highest peak in the contiguous United States, Mount Whitney. The Sierra Nevada is home to a wide variety of wildlife, including black bears, mountain lions, bighorn sheep, and many species of birds. The range is also home to a number of ski resorts, including Squaw Valley, Mammoth Mountain, and Heavenly Mountain Resort. The Sierra Nevada is a popular destination for hikers, campers, and outdoor enthusiasts of all kinds.

O’Reilly v. O’Reilly – Partition Action Case Study

In the legal case of O’Reilly v. O’Reilly, 2017 WL 4510824, B281375 (10-Oct-2017), the partition issues revolved around the division of a parcel of real property owned by the parties. The parties had purchased the property together in 2005, but had since separated and were now seeking to divide the property. The court found that the parties had not agreed to a partition of the property, and thus the court was required to determine the appropriate division of the property. The court considered the parties’ respective interests in the property, the value of the property, and the parties’ respective contributions to the purchase of the property. Ultimately, the court determined that the property should be divided in a manner that was equitable to both parties.

Contact an Experienced Partition Attorney in Sierra Nevada, 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 Madera 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 Sierra Nevada, California