Partition Actions in Fairfield
Fairfield is a city located in the northern part of California’s Bay Area. It is the county seat of Solano County and is situated between the cities of Vallejo and Suisun City. The city is known for its mild climate, diverse population, and vibrant economy. Fairfield is home to a variety of businesses, including the Travis Air Force Base, which is the largest employer in the city. The city is also home to a number of parks, trails, and recreational areas, making it a great place to live and visit.
According to Zillow, the median home value in Fairfield, California is $420,400. As of July 2020, the population of Fairfield, California is estimated to be 113,907.
Experienced Real Estate Partition Action Attorneys Serving Fairfield
Talkov Law’s attorneys serving Solano County are exceptionally experienced in the area of California partition actions. 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:
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
- How does a partition action work in California?
- 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.
Flores v. Flores – Partition Action Case Study
In the legal case of Flores v. Flores, 55 Cal.App. 595 (1921), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a family ranch. The siblings had inherited the ranch from their father, and the court was tasked with determining how to divide the property between them. The court found that the siblings had an equal right to the property, and that the partition should be made in such a way that each sibling received an equal share. The court also found that the partition should be made in such a way that each sibling received an equal share of the improvements made to the property, such as buildings and fences. The court also found that the partition should be made in such a way that each sibling received an equal share of the profits from the ranch.
Contact our Team of Experienced Partition Lawyers Serving the City of Fairfield in the County of Solano, 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 (707) 777-6600 or contact us online for a free consultation about your co-ownership issues.