Experienced Partition Attorneys Serving Fresno County
Talkov Law’s attorneys serving Fresno 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- 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.
- 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.
- 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
Speak to Our Fresno County Partition Attorneys Today
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Partition Actions in Fresno County
Partitions are quite common in Fresno County. According to Zillow, the median home value in Fresno County, California is $269,000 as of 2021. As of July 1, 2019, the population of Fresno County, California was 999,101.
Fresno County is located in the Central Valley of California and is the fifth most populous county in the state. It is bordered by Kings, Madera, Tulare, and Kern counties. The county seat is Fresno, the largest city in the county. Fresno County is home to a diverse population of over 930,000 people, with a median age of 30.5 years. The county is known for its agricultural production, including grapes, cotton, and almonds. It is also home to a number of national parks, including Yosemite National Park, Sequoia National Park, and Kings Canyon National Park. The county is also home to a number of universities, including California State University, Fresno, Fresno Pacific University, and the University of California, Merced.
Bacon v. Wahrhaftig – Partition Action Case Study
In the legal case of Bacon v. Wahrhaftig, 97 Cal.App.2d 599 (1950), 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 located in Los Angeles County. The two co-owners, Bacon and Wahrhaftig, had inherited the property from their father, who had died in 1945. Bacon and Wahrhaftig had been unable to agree on how to divide the property, and Bacon had filed a partition action in the Superior Court of Los Angeles County. The trial court had granted Bacon’s motion for partition, and Wahrhaftig had appealed the decision. On appeal, the court considered the issue of whether the trial court had properly granted Bacon’s motion for partition. The court noted that the partition action was based on the theory of implied partition, which is a legal doctrine that allows co-owners of real property to seek a court-ordered division of the property when the co-owners are unable to agree on how to divide the property. The court held that the trial court had properly granted Bacon’s motion for partition, noting that Bacon had presented sufficient evidence to support his claim that he and Wahrhaftig were unable to agree on how to divide the property. The court also noted that Bacon had presented evidence that Wahrhaftig had refused to cooperate in the partition process. The court concluded that Bacon was entitled to a court-ordered partition of the property.
Contact our Team of Experienced Partition Lawyers Serving the Fresno County County in the County of Fresno, 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 (559) 777-5500 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Fresno County also serve the nearby areas of Madera County, Kings County, Tulare County including Fresno, Clovis, Sanger, Selma, Kerman, Parlier, Reedley, Kingsburg, Mendota, Firebaugh
