Willows Partition Lawyer

Jointly Owned Property Issues in Willows

Our team of partition attorneys in Glenn can assist co-owners with frequently asked questions about partitions, such as:

  • Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
  • Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
  • 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 are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner 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.

Partition Attorney in Willows, California - Glenn County Partition Lawyer

Our Willows Partition Attorneys Know Glenn County

Willows is a small city located in Glenn County, California. It is situated in the Sacramento Valley, about 90 miles north of Sacramento and about 60 miles south of Redding. The city has a population of about 5,000 people and is known for its agricultural production, particularly walnuts, almonds, and rice. Willows is also home to a number of historic buildings, including the Willows Hotel, the Willows Opera House, and the Willows Museum. The city is also home to a number of parks and recreational areas, including the Willows Creek Park and the Willows Wildlife Refuge.

The Willows is a neighborhood in Los Angeles, California, located in the Westside region of the city. The area was originally part of the Rancho La Brea Mexican land grant, and was developed in the early 20th century as a residential area. The neighborhood was named after the willow trees that lined the streets. The area was annexed to the City of Los Angeles in 1923. In the 1950s, the area experienced a population boom, as many people moved to the area to take advantage of the affordable housing. The area has since become a popular destination for young professionals and families.

West v. Woods – Partition Action Case Study

In the legal case of West v. Woods, 2010 WL 2351923, B213996 (14-Jun-2010) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, and the dispute arose when one sibling wanted to sell the home and the other wanted to keep it. The court had to decide whether the siblings should be allowed to partition the home, meaning that each sibling would receive a portion of the home, or whether the home should be sold and the proceeds divided between the siblings. The court ultimately ruled that the home should be partitioned, with each sibling receiving a portion of the home.

Contact an Experienced Partition Attorney in Willows, California

If you want to end your co-ownership relationship, but your co-owner disagrees, a partition action is your only option. Our experienced partition lawyers serving Willows have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Glenn 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 Willows, California