Partition Actions in Atwater
Atwater is a city located in Merced County, California. It is situated in the San Joaquin Valley, about 8 miles west of Merced, at an elevation of 151 feet. Atwater is known for its agricultural industry, as well as its proximity to the Castle Air Museum. The city is also home to the Atwater-Winton Canal, which is part of the California Aqueduct system. The city is served by the Atwater Unified School District, which includes Atwater High School. The city is also home to the Atwater Market, a popular farmers market.
According to Zillow, the median home value in Atwater, California is $269,000. Atwater, California has a population of 28,168 according to the 2020 United States Census.
Experienced Real Estate Partition Action Attorneys Serving Atwater
Talkov Law’s attorneys serving Merced County are exceptionally experienced in the area of California partition actions. California partition actions allows for the division of real property owned by two or more persons. This statute allows for the court to order the sale of the property and the division of the proceeds among the owners. The court may also order the property to be physically divided among the owners. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the court finds that a physical division of the property would be impractical or inequitable. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property. The legal effect of the California partition statute is that it allows for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- 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.
- What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
Stewart v. Abernathy – Partition Action Case Study
In the legal case of Stewart v. Abernathy, 62 Cal.App.2d 429 (1944), 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, Stewart, sought to partition the property, while the defendant, Abernathy, argued that the property could not be partitioned because it was a single, indivisible parcel. The court ultimately held that the property could not be partitioned because it was a single, indivisible parcel, and that the plaintiff was not entitled to a partition of the property. The court reasoned that the property was a single, indivisible parcel because it was held in joint tenancy, and that the joint tenancy could not be severed without the consent of both parties. The court also noted that the property was not suitable for partition because it was a single, indivisible parcel.
Contact our Team of Experienced Partition Lawyers Serving the City of Atwater in the County of Merced, California.
Our partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Call the experienced real estate partition attorneys at Talkov Law at (209) 600-7700 or contact us online for a free consultation about your co-ownership issues.