Partition Actions in Escalon
Escalon is a small city located in San Joaquin County, California. It is situated in the Central Valley, about 20 miles east of Stockton. The city has a population of approximately 7,500 people and is known for its rural atmosphere and agricultural heritage. Escalon is home to a variety of businesses, including a winery, a cheese factory, and a variety of small shops and restaurants. The city is also home to a number of parks and recreational areas, including the Escalon Community Park, which features a playground, picnic areas, and a skate park. Escalon is a great place to live for those looking for a peaceful, rural lifestyle.
According to Zillow, the median home value in Escalon, California is $521,400. As of the 2020 census, the population of Escalon, California is 7,622.
Experienced Real Estate Partition Action Attorneys Serving Escalon
Talkov Law’s attorneys serving San Joaquin 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:
- How does a partition action work in California?
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
- 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.
- What is a partition action and when is it necessary?
Wong v. Tam – Partition Action Case Study
In the legal case of Wong v. Tam, 2015 WL 3563055, B259365 (9-Jun-2015) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, and the siblings had agreed to partition the home, with one sibling taking the upstairs portion and the other taking the downstairs portion. However, the siblings had not been able to agree on the terms of the partition, and the dispute had gone to court. The court had to decide whether the siblings should be allowed to partition the home, and if so, how the partition should be done. The court also had to consider the rights of the siblings to the home, and the potential impact of the partition on the value of the home.
Contact our Team of Experienced Partition Lawyers Serving the City of Escalon in the County of San Joaquin, 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 (209) 600-7700 or contact us online for a free consultation about your co-ownership issues.