Experienced Partition Attorneys Serving Bakersfield
Talkov Law’s attorneys serving Kern County are exceptionally experienced in the area of California partition actions. California partition actions provide a legal mechanism for co-owners of real property to divide the property among themselves. The partition statutes allow a co-owner to file a lawsuit in court to have the property divided, either physically or by sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- 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).
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
Speak to Our Bakersfield Partition Attorneys Today
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Partition Actions in Bakersfield
Partitions are quite common in Bakersfield. According to Zillow, the median home value in Bakersfield, California is $245,000. As of 2020, the population of the Bakersfield, California area is estimated to be around 380,874 people.
Bakersfield is a city located in the southern San Joaquin Valley of California. It is the county seat of Kern County and the ninth-largest city in the state. Bakersfield is known for its rich agricultural history, its oil industry, and its country music scene. The city is home to a variety of attractions, including the Kern County Museum, the Bakersfield Museum of Art, and the Kern County Raceway Park. Bakersfield is also home to a number of parks, including Hart Memorial Park, Panorama Park, and the Kern River Parkway. The city is a popular destination for outdoor recreation, with a variety of activities available, such as fishing, camping, and hiking.
Bollo v. Navarro – Partition Action Case Study
In the legal case of Bollo v. Navarro, 33 Cal. 459 (1867), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of land in California. The two co-owners, Bollo and Navarro, had inherited the land from their father, who had died without leaving a will. The two co-owners had been living on the land for some time, but had not been able to agree on how to divide the land between them. Bollo had filed a lawsuit against Navarro, seeking a partition of the land. The court ruled in favor of Bollo, ordering that the land be divided into two equal parts, with each co-owner receiving one half. The court also ordered that the costs of the partition be shared equally between the two co-owners. The case established the legal principle that co-owners of land have the right to seek a partition of the land if they are unable to agree on how to divide it.
Contact our Team of Experienced Partition Lawyers Serving the City of Bakersfield in the County of Kern, 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 (661) 999-3300 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Bakersfield, California serve Kern County and surrounding areas including Delano, Taft, Shafter, Wasco, Arvin, Lamont, Tehachapi, McFarland.