Jointly Owned Property Issues in
Our team of partition attorneys in Tuolumne can assist co-owners with frequently asked questions about partitions, such as:
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
- Can a partition action be stopped? Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- 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.
Our Tuolumne County Partition Attorneys Know Tuolumne County
Tuolumne County is a county located in the Sierra Nevada region of California. It is located east of San Joaquin County and south of Calaveras County. The county seat is Sonora. The county is home to Yosemite National Park, Stanislaus National Forest, and the Sierra National Forest. It is known for its outdoor recreation opportunities, including camping, fishing, hiking, and skiing. The county is also home to several small towns, including Jamestown, Twain Harte, and Sonora. The population of Tuolumne County is 54,530.
Tuolumne County was first inhabited by the Miwok and Mono Native American tribes. The first European settlers arrived in the area in the early 1850s, and the county was officially established in 1850. The county was named after the Tuolumne River, which was named by the Spanish explorer Gabriel Moraga in 1806. The county was initially a mining area, with gold being discovered in the area in 1848. This led to a large influx of miners and settlers, and the county quickly grew in population. The county was also home to several stagecoach lines, which connected the area to the rest of California. In the late 19th century, the county began to diversify its economy, with the development of agriculture, logging, and tourism. The county is now home to several national parks and monuments, including Yosemite National Park, Stanislaus National Forest, and the Tuolumne River.
Montoya v. Gonzales – Partition Action Case Study
In the legal case of Montoya v. Gonzales, 232 U.S. 375 (1914), the Supreme Court of the United States was asked to decide whether a partition of land between two parties was valid. The dispute arose when the plaintiff, Montoya, purchased a tract of land from the defendant, Gonzales. Montoya then sought to partition the land into two separate parcels, one for himself and one for Gonzales. Gonzales objected to the partition, arguing that the land was not legally divisible. The Supreme Court ultimately held that the partition was valid, finding that the land was divisible and that the parties had agreed to the partition. The Court also noted that the partition was in the best interests of both parties. The case is important because it established the legal principle that land can be partitioned, even if it is not legally divisible.
Contact an Experienced Partition Attorney in Tuolumne 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 Tuolumne County property. For a free, 15-minute consultation with a knowledgeable partition attorney at Partition Lawyer California, call (209) 600-7700 or fill out a contact form online.
Contact us Today for a Free Consultation with a Partition Attorney in Tuolumne County, California
Our partition attorneys in Tuolumne County also serve Sonora, Twain Harte, Tuolumne City, Jamestown, Groveland, Columbia, Mi-Wuk Village, Alpine County, and Mariposa County
