Experienced Partition Attorneys Serving Clovis
Talkov Law’s attorneys serving Fresno County are exceptionally experienced in the area of California partition actions. 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.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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 the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
- 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.
Speak to Our Clovis Partition Attorneys Today
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Partition Actions in Clovis
Partitions are quite common in Clovis. According to Zillow, the median home value in Clovis, California is $364,400. As of 2020, the population of the Clovis, California area is 106,583.
Clovis is a city located in Fresno County, California. It is situated in the San Joaquin Valley, approximately 6 miles northeast of Fresno. Clovis is a rapidly growing city and is known for its small-town charm, with a variety of shops, restaurants, and parks. Clovis is also home to a number of historical sites, including the Clovis Depot Museum and the Clovis Rodeo Grounds. The city is also home to California State University, Fresno, and the Clovis Unified School District. Clovis is a great place to live, work, and play.
Frazee v. Railroad Commission of California – Partition Action Case Study
In the legal case of Frazee v. Railroad Commission of California, 185 Cal. 690 (1921), the issue was whether the Railroad Commission of California had the authority to partition a railroad right-of-way into two separate parcels. The plaintiff, Frazee, argued that the Commission had exceeded its authority in doing so, as the right-of-way was granted to the railroad company as a single parcel. The court ultimately held that the Commission had the authority to partition the right-of-way, as the right-of-way was granted to the railroad company for the purpose of constructing a railroad, and the Commission had the authority to regulate the construction of railroads.
Contact our Team of Experienced Partition Lawyers Serving the City of Clovis in the County of Fresno, 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 (559) 777-5500 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Clovis, California serve Fresno County and surrounding areas including Fresno, Madera, Sanger, Reedley, Selma, Kingsburg.