Partition Action Attorneys 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.
Talkov Law’s attorneys serving Kern 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:
- 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.
- What is a partition action and when is it necessary?
- 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).
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
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, call (661) 999-3300 or contact us online today.
Get a FREE Case Consultation TodayOur partition attorneys in Delano also serve Bakersfield, Visalia, Porterville, Tulare, Hanford, Fresno, McFarland, Earlimart, Richgrove, Pixley, and Wasco
