Ceres Partition Lawyer

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. 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:

  • 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.
  • What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
  • 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.
  • 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.

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.

    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 at (209) 600-7700 or contact us online today.

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