Firebaugh Real Estate Partition Lawyer
Talkov Law’s attorneys serving Fresno County are exceptionally experienced in California partition actions and have conducted over 470 for our satisfied clients. California partition actions allows for the division of real property among co-owners. This statute provides a legal mechanism for co-owners to divide their real property into separate interests. The partition statutes allow for the court to order a partition of the property, either by physically dividing the property or by selling the property and dividing the proceeds among the co-owners. The partition statutes also provide for the court to award damages to any co-owner who has been wrongfully excluded from the property. The partition statutes also allows for the court to award attorney’s fees and costs to the prevailing party.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- 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 is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
- 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
Firebaugh is a small city located in Fresno County, California. It is situated along the San Joaquin River, about 25 miles west of Fresno. The city has a population of around 8,000 people and is known for its agricultural production, particularly of cotton, tomatoes, and melons. Firebaugh is also home to a number of parks, including Firebaugh Park, which features a playground, picnic areas, and a walking path. The city is served by the Firebaugh-Las Deltas Unified School District, which includes two elementary schools, one middle school, and one high school. Firebaugh is also home to a number of churches, restaurants, and other businesses.
Speak to Our Firebaugh Partition Attorneys Today
Call our Fresno County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (559) 777-5500 or contact us below to schedule a free, 15-minute consultation
In re Estate of Farris – Partition Action Case Study
In the legal case of In re Estate of Farris, 2007 WL 2142843, C053809 (27-Jul-2007) , the issue of partition arose when the decedent’s heirs disagreed on how to divide the estate. The decedent had left a will that divided the estate into two equal parts, one for each of his two children. However, the children disagreed on how to divide the physical property, which included a house, a mobile home, and a parcel of land. The court had to decide whether the physical property should be divided equally or if one of the children should receive the house and the other the mobile home and parcel of land. The court ultimately decided that the physical property should be divided equally, with each child receiving one-half of the house, one-half of the mobile home, and one-half of the parcel of land.
Frequently Asked Questions About Partitions in Firebaugh
How Much Does a Partition Action Cost in Firebaugh?
The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.
Who Can File a Partition Action in Firebaugh?
A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.
Who Pays for a Partition Action?
In Firebaugh, 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).
Can a Partition Action Be Stopped in Firebaugh?
Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
Contact our Team of Experienced Partition Lawyers Serving the City of Firebaugh, County of Fresno, California
Our Firebaugh partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov Law Partition Attorneys 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 (559) 777-5500 or contact us online today.
Serving Areas Throughout California
Mendota, Dos Palos, Los Banos, San Joaquin, and Tranquillity
