Yuba City Partition Lawyer

Jointly Owned Property Issues in Yuba City

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

  • How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
  • 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
  • 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.
  • 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.
  • What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.

Partition Attorney in Yuba City, California - Sutter County Partition Lawyer

Our Yuba City Partition Attorneys Know Sutter County

Yuba City is a city located in Sutter County, California, United States. It is located in the Sacramento Valley, about 40 miles (64 km) north of Sacramento, and is part of the Greater Sacramento metropolitan area. Yuba City is the principal city of the Yuba City Metropolitan Statistical Area which encompasses all of Sutter County and Yuba County. The metro area’s population is 164,138. It is the 21st largest metropolitan area in California ranked behind Redding and Chico.

Yuba City was founded in 1849 by John Sutter, Jr., the son of the famous Swiss immigrant and California pioneer, John Sutter. The city was named after the Yuba River, which was named for the Native American Maidu tribe who lived in the area. The city was incorporated in 1908 and has since grown to become the largest city in Sutter County. Yuba City is known for its agricultural production, particularly rice, and is home to the annual Rice Festival. The city is also home to a large Sikh population, and is known for its vibrant Sikh culture.

Lehmann v. Kamp – Partition Action Case Study

In the legal case of Lehmann v. Kamp, 273 Cal.App.2d 701 (1969), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, Lehmann, sought to partition the property, while the defendant, Kamp, argued that partition was not appropriate. The court ultimately held that partition was not appropriate in this case, as the parties had agreed to a joint tenancy, and partition would have destroyed the joint tenancy. The court also noted that the parties had not agreed to a partition of the property, and that the plaintiff had not provided sufficient evidence to demonstrate that partition was necessary.

Contact an Experienced Partition Attorney in Yuba City, 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 Yuba City have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Sutter 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 Yuba City, California