Bakersfield Partition Lawyer

Partition Action Attorneys in Bakersfield

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.

Talkov Law’s attorneys serving Kern County are exceptionally experienced in California partition actions and have conducted over 370 successful partitions for our satisfied clients. 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 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.
• How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
• 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.
• Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.