Agriculture Property Partition Action

California partition attorneys helping co-owners divide, sell, buy out, or otherwise resolve disputes involving family farms, ranches, orchards, vineyards, large acreage, and other agricultural property.

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Jonathan Scocchio

The Talkov Law firm was a pleasure to work with. They were very knowledgeable in the whole process and explained all the steps that they were taking. Scott and Colleen were the best. She accomplished exactly what I wanted and gave me a peace of mind that they would get it done. Colleen took all the right steps in ensuring the best outcome. The whole team at Talkov were professional. I couldn't have asked for a better team to help with my case. Everyone there was willing to help with any questions i had. I would refer them to anyone who wants a team that knows exactly what they are doing and that is transparent. If i ever need another Law firm in the future, I will be calling them to help. Thank you again Talkov Law firm for helping with my Partition.

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Antonio Maldonado

As a fellow attorney I have found that Scott Talkov at Talkov Law is very knowledgeable of partition law and procedure. If I were looking for help in a partition action, I would have no reservation in recommending him.

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Eric Truong

Thank you Olivia and the Talkov team for all your efforts in resolving our partition action case. Definitely recommend !

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California Partition Attorneys for Farms, Ranches, and Agricultural Property

When co-owners disagree about the future of a farm, ranch, vineyard, orchard, or other large acreage, a California partition action can provide a legal path to sell the property or allow one co-owner to retain it through a buyout.

Agricultural partition actions can be considerably more complicated than disputes involving a single-family residence. A 100-acre farm may contain valuable water rights, multiple homes, different soil conditions, orchards, wells, irrigation systems, barns, agricultural leases, easements, and portions of land with dramatically different values.

At Talkov Law Partition Attorneys, our 11 full-time partition attorneys focus on resolving disputes involving co-owned California real estate. We help co-owners determine whether agricultural property should be sold or resolved through a negotiated or court-supervised buyout.

California law generally provides that partition of concurrent interests in property is a matter of right unless barred by a valid waiver. California Code of Civil Procedure § 872.710.

Whether your dispute involves a family farm inherited by siblings, a working cattle ranch, vineyard acreage, an orchard, undeveloped agricultural land, or a property containing several residences, Talkov Law Partition Attorneys can help you pursue a practical resolution.

End the Co-Ownership Dispute

You Don’t Have to Stay Tied to a Farm You Can’t Agree On

You do not have to remain indefinitely tied to agricultural property simply because another co-owner refuses to sell, divide the land, or negotiate a reasonable buyout. Our attorneys can help you pursue an efficient resolution.

Talk to a Partition Attorney

When Co-Owners Disagree Over a Family Farm or Ranch

Agricultural property disputes frequently arise after land passes from one generation to the next.

A parent or grandparent may have owned or operated the property for decades. After inheritance, several children or grandchildren may become co-owners with completely different goals.

One sibling may want to continue operating the property. Another may want to sell. Another may live outside California and have no interest in remaining tied to agricultural land.

Common disputes include:

• One sibling refuses to sell the family farm
• A co-owner lives on or controls the ranch while others receive no benefit
• One owner collects agricultural rent or crop income
• Co-owners disagree over the value of the property
• One owner wants to buy out the others
• Several heirs inherit agricultural acreage together
• A co-owner refuses to communicate or cooperate
• One owner has paid more toward taxes, mortgage payments, repairs, or improvements

California law generally provides co-owners with an absolute right to partition unless that right has been validly waived. A partition action can allow an owner to pursue an end to the co-ownership even when the other owners refuse to cooperate.

Partition by Sale of a California Farm or Ranch

For many agricultural co-ownership disputes, the primary goal is a partition by sale.

A court-supervised partition sale can allow the property to be sold and the proceeds distributed among the co-owners after appropriate accounting, expenses, and reimbursement claims are addressed.

This may be particularly important for properties such as:

• Family farms
• Cattle ranches
• Vineyards
• Orchards
• Working farms
• Large-acreage properties
• Agricultural investment property
• Rural land with multiple residences
• Property with wells or irrigation systems
• Agricultural property inherited by siblings

Agricultural property can also require specialized valuation because its value may depend on acreage, water availability, agricultural productivity, improvements, permanent crops, access, zoning, leases, and other characteristics that do not typically arise with an ordinary residential property.

Can One Sibling Force the Sale of a Family Farm?

A sibling who co-owns a California farm or ranch may generally be able to pursue a partition action when the other owners refuse to sell or agree to a buyout.

This commonly occurs after inherited property passes to several family members.

For example, one sibling may operate the farm while another sibling has received little or no financial benefit from owning the property. If they cannot agree on what to do with the property, the co-owner seeking to exit may be able to file a partition action.

Certain qualifying properties may also be subject to California’s Partition of Real Property Act, which can provide co-owners with statutory buyout rights during the partition process.

Co-Owner Buyouts of Farms and Ranches

A partition action does not always require the property to ultimately be sold to a third party.

A co-owner buyout may allow one owner to keep the farm, ranch, orchard, or vineyard while another receives the value of their ownership interest.

This can be particularly useful when:

• One sibling wants to continue operating the family farm
• A co-owner already lives on the property
• One owner wants cash while another wants to retain the land
• Family members want to keep agricultural property in the family
• The owners disagree about whether the property should be sold

Buyouts may occur through negotiation or through procedures available under California partition law when applicable.

Water Rights, Agricultural Income, and Other Farm Issues

Agricultural partition cases can involve significantly more than the property’s acreage.

The value of California farmland or ranch property may depend heavily on:

These issues can affect the value of the property, the amount each co-owner should receive, and the strategy used to resolve the partition action.

Farm Income, Expenses, and Reimbursements Between Co-Owners

Partition actions can also address financial disputes between agricultural property owners.

One co-owner may have paid more than their share toward:

• Mortgage payments
• Property taxes
• Insurance
• Repairs
• Fencing
• Wells
• Irrigation
• Roads
• Necessary improvements
• Property preservation expenses

At the same time, another co-owner may have received rent, crop proceeds, grazing income, or other financial benefits from the property.

These amounts may become part of the partition accounting and offsets used to determine how sale proceeds should ultimately be distributed.

California Agricultural Partition Attorneys

Agricultural real estate can represent millions of dollars in equity while providing little or no benefit to a co-owner who wants out.

You do not have to remain indefinitely tied to a farm, ranch, vineyard, orchard, or other agricultural property simply because another owner refuses to sell or negotiate a reasonable buyout.

Talkov Law focuses on California partition actions and has helped co-owners throughout the state resolve disputes involving valuable real estate.

End Your Agricultural Property Co-Ownership Dispute

If another co-owner refuses to sell a California farm, ranch, orchard, vineyard, or other agricultural property, speak with an experienced partition attorney about your options.