Talkov Law’s attorneys serving Kern County are exceptionally experienced in California partition actions and have conducted over 400 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
- Can a partition action be stopped? Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
- 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.
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
California City is a city located in the Mojave Desert in Kern County, California. It is the third largest city in the state, with a population of 14,120 as of the 2010 census. The city was incorporated in 1965 and is located about 80 miles northeast of Los Angeles. California City is known for its wide open spaces, low cost of living, and recreational opportunities. The city is home to a variety of businesses, including a large solar energy plant, a golf course, and a variety of restaurants and shops. The city is also home to a number of parks and recreational areas, including the California City Municipal Airport, which offers a variety of flight activities. California City is a great place to live, work, and play.
Speak to Our California City Partition Attorneys Today
Call our Kern County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (760) 999-3300 or contact us below to schedule a free, 15-minute consultation
Barajas v. Triola – Partition Action Case Study
In the legal case of Barajas v. Triola, 2020 WL 6389521, B298275 (2-Nov-2020) , the partition issues revolved around the ownership of a parcel of real property located in Los Angeles County. The dispute arose when the plaintiff, Barajas, filed a complaint for partition of the property, alleging that he and the defendant, Triola, were co-owners of the property. Triola denied the allegations, claiming that he was the sole owner of the property. The court found that the parties had entered into a contract in which they agreed to divide the property into two separate parcels, with Triola taking one parcel and Barajas taking the other. The court further found that the contract was valid and enforceable, and that the parties had agreed to divide the property in accordance with the terms of the contract. The court ordered that the property be partitioned in accordance with the contract, and that each party be awarded their respective parcel.
Frequently Asked Questions About Partitions in California City
How Much Does a Partition Action Cost in California City?
The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.
Who Can File a Partition Action in California City?
A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.
Who Pays for a Partition Action?
In California City, 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 Stopped in California City?
Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
Contact our Team of Experienced Partition Lawyers Serving the City of California City, County of Kern, California
Our California City partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov Law Partition Attorneys unlocks access to justice for co-owners by funding your case. For qualified cases, you pay no fees until we successfully partition your property by obtaining a sale on the market or to your co-owner! For a free consultation with California’s first and largest team of partition attorneys at Talkov Law, call (760) 999-3300 or contact us online today.
Serving Areas Throughout California
Mojave, Rosamond, Edwards, Boron, Tehachapi, North Edwards, and Edwards Air Force Base
