Partition Actions in Ceres
Ceres is a city located in Stanislaus County, California. It is situated in the San Joaquin Valley, approximately 8 miles south of Modesto. The city is known for its agricultural production, including almonds, walnuts, and other crops. The city is also home to a variety of parks, trails, and recreational facilities, including the Ceres River Bluff Regional Park and the Ceres Community Center. The city is served by the Ceres Unified School District, which includes seven elementary schools, two middle schools, and one high school.
According to Zillow, the median home value in Ceres, California is $269,400. As of 2020, the population of the California area of Ceres is estimated to be 45,817.
Experienced Real Estate Partition Action Attorneys Serving Ceres
Talkov Law’s attorneys serving Stanislaus County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
- 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.
- 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.
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
Oswald v. Oswald – Partition Action Case Study
In the legal case of Oswald v. Oswald, Not Reported in Cal.Rptr.2d (2003), the partition issues revolved around the division of a family-owned business. The plaintiff, Robert Oswald, and the defendant, his brother, William Oswald, had inherited a family-owned business from their father. Robert wanted to buy out William’s share of the business, but William refused. Robert then filed a partition action, asking the court to divide the business into two separate entities. The court found that the business was not divisible and that the brothers would have to continue to operate it together. The court also found that Robert had not provided sufficient evidence to prove that William had acted in bad faith or had breached any fiduciary duties. As a result, the court denied Robert’s request for partition and ordered the brothers to continue to operate the business together.
Contact our Team of Experienced Partition Lawyers Serving the City of Ceres in the County of Stanislaus, 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.