Jointly Owned Property Issues in Willits
Our team of partition attorneys in Mendocino can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- 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).
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
- 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.
Our Willits Partition Attorneys Know Mendocino County
Willits is a small city located in Mendocino County, California. It is situated in the Little Lake Valley, surrounded by the Coast Range Mountains and the Mendocino National Forest. Willits is known for its rural charm and is a popular destination for outdoor recreation. The city is home to a variety of shops, restaurants, and galleries, as well as a number of historic sites. Willits is also the gateway to the Redwood Empire, and is a great base for exploring the region’s many attractions.
The Willits community of Los Angeles is located in the West Adams district of Los Angeles. It was originally developed in the early 1900s as a residential neighborhood for the city’s growing middle class. The area was named after the Willits family, who were among the first settlers in the area. The Willits family was also responsible for the development of the nearby Willits Park, which was established in the 1920s. The park was a popular destination for families and was home to a variety of activities, including tennis, basketball, and swimming. In the 1950s, the area began to experience a decline in population as many of the original residents moved away. The area was then redeveloped in the 1970s and 1980s, with the construction of new homes and businesses. Today, the Willits community is a vibrant and diverse neighborhood, with a mix of single-family homes, apartments, and businesses. It is also home to a variety of cultural and recreational activities, including the Willits Park, which is still a popular destination for families.
Five Points Temescal, LLC v. Hathaway – Partition Action Case Study
In the legal case of Five Points Temescal, LLC v. Hathaway, 2017 WL 4129447, B275664 (19-Sep-2017) , the issue of partition was at the center of the dispute. The case involved a dispute between two tenants in common over the partition of a commercial property located in Los Angeles. The tenants in common had entered into a written agreement in which they agreed to partition the property, but the agreement was never completed. The plaintiff, Five Points Temescal, LLC, sought a court order to partition the property, while the defendant, Hathaway, argued that the partition should not be ordered because the agreement was never completed. The court ultimately found that the agreement was valid and enforceable, and ordered the partition of the property.
Contact an Experienced Partition Attorney in Willits, 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 Willits have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Mendocino County property. For a free, 15-minute consultation with an experienced partition attorney at Partition Lawyer California, call (707) 777-6600 or fill out a contact form online.
Contact us Today for a Free Consultation with a Partition Attorney in Willits, California
Our partition attorneys in Willits also serve Ukiah, Fort Bragg, Laytonville, Covelo, Redwood Valley, and Brooktrails
