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 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:
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- 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 types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- 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 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 in the County of Kern, 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 (661) 999-3300 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Delano also serve McFarland, Earlimart, Richgrove, Pixley, and Wasco.
