Escalon Partition Lawyer

Partition Action Attorneys 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.

Talkov Law’s attorneys serving San Joaquin County are exceptionally experienced in California partition actions and have conducted over 370 successful partitions for our satisfied clients. California partition actions provide a legal mechanism for co-owners of real property to divide the property among themselves. The partition statutes allow a co-owner to file a lawsuit in court to have the property divided, either physically or by sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.

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

• 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.
• Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
• How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
• What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
• What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.