Partition Action Attorneys 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.
Talkov Law’s attorneys serving Stanislaus County are exceptionally experienced in California partition actions and have conducted over 370 partitions for our satisfied clients. California partition actions allows for the partition of real property owned by two or more persons. This statute provides a legal mechanism for the division of real property when the owners cannot agree on how to divide the property. The partition statutes allow for the court to order the sale of the property and the division of the proceeds among the owners. The partition statutes also allows for the court to order the physical division of the property if it is feasible. The partition statutes also provide for the court to order the partition of the property by allotment, which is when the court assigns each owner a specific portion of the property.
Get a FREE Case Consultation TodayOur team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- 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 I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
Speak to Our Ceres Partition Attorneys Today
Call our Stanislaus County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (209) 600-7700 or contact us below to schedule a free, 15-minute consultation
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.
Frequently Asked Questions About Partitions in Los Angeles
How Long Does a Partition Action Take?
Most Los Angeles 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 depending on the complexity of the case.
Contact our Team of Experienced Partition Lawyers Serving the City of Ceres, County of Stanislaus, California
Our Ceres partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law 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 (209) 600-7700 or contact us online today.
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