Understanding Co-Ownership in Trinity County
Our team of partition attorneys in Trinity can assist co-owners with frequently asked questions about partitions, such as:
- 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).
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- 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.
- How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
Our Trinity County Partition Attorneys Know Trinity County
Trinity County is a rural county located in the northern part of California, in the heart of the state’s famed Redwood Empire. It is bordered by Humboldt County to the north, Shasta County to the east, Mendocino County to the south, and Siskiyou County to the west. The county seat is Weaverville, and the largest city is Hayfork. Trinity County is home to the Trinity Alps Wilderness, the Trinity National Forest, and the Trinity River. The county is known for its rugged beauty, outdoor recreation opportunities, and its abundance of wildlife. It is also home to a number of small towns and communities, including Lewiston, Junction City, and Big Bar.
Trinity County is a small, rural community located in the Los Angeles area of California. The area was first settled in the late 1800s by ranchers and farmers, and the first post office was established in 1887. The area was originally part of Los Angeles County, but in 1893, it was split off and became its own county. The county was named after the Trinity River, which runs through the area. In the early 1900s, the area experienced a population boom as people moved to the area to take advantage of the fertile land and abundant resources. The area was also home to several Native American tribes, including the Chumash, Tongva, and Tataviam. In the 1950s, the area experienced a decline in population as people moved away to larger cities. However, in recent years, the area has seen a resurgence in population growth as people move back to the area to take advantage of the rural lifestyle and the close proximity to Los Angeles. Today, Trinity County is home to a diverse population of ranchers, farmers, and city dwellers.
Adrian v. Adrian – Partition Action Case Study
In the legal case of Adrian v. Adrian, 2012 WL 967659, D058877 (22-Mar-2012) , the partition issues revolved around the division of a family-owned property. The property was owned by the parties’ parents, who had passed away. The parties had agreed to divide the property, but the agreement was not properly documented. The court found that the parties had agreed to divide the property, but that the agreement was not legally binding. The court then ordered the property to be partitioned according to the agreement, but also ordered that the parties would have to pay for the costs of the partition.
Contact an Experienced Partition Attorney in Trinity 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 Trinity 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 Trinity County, California
Our partition attorneys in Trinity County also serve Weaverville, Shasta County, Siskiyou County, Humbolt County, Mendocino County, Tehama County, and Butte County
