Delano Partition Lawyer

Partition Actions in Delano

Delano is a city located in Kern County, California, United States. It is located in the San Joaquin Valley, about 31 miles (50 km) north-northwest of Bakersfield, at an elevation of 315 feet (96 m). Delano is located within the Kern County portion of the San Joaquin Valley and is the second largest city in Kern County. The city is known for its agricultural industry, which is the driving force of the economy. Delano is also home to two California state prisons, North Kern State Prison and Kern Valley State Prison. The city’s population is predominantly Hispanic or Latino.

According to Zillow, the median home value in Delano, California is $223,400. As of the 2020 United States Census, the population of the city of Delano, California is 53,919.

Experienced Real Estate Partition Action Attorneys Serving Delano

Talkov Law’s attorneys serving Kern 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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be done in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

  • What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
  • 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.
  • Who pays for a partition action? In California, 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 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 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 Delano 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 (661) 999-3300 or contact us below to schedule a free, 15-minute consultation

    Muller v. Martin – Partition Action Case Study

    In the legal case of Muller v. Martin, 116 Cal.App.2d 431 (1953), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, Muller, sought to partition the property, while the defendant, Martin, argued that partition was not appropriate. The court ultimately held that partition was not appropriate in this case, as the parties had agreed to a joint tenancy, and the court found that partition would be contrary to the parties’ agreement. The court also found that partition would be inequitable, as it would result in a disproportionate division of the property. The court also noted that the parties had not taken any steps to partition the property, and that the plaintiff had not shown any evidence of irreconcilable differences between the parties.

    Contact our Team of Experienced Partition Lawyers Serving the City of Delano, County of Kern, California

    Our Delano 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 (661) 999-3300 or contact us online today.

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