Fresno County 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 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:
- 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.
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
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.
Speak to Our Fresno County 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
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.
Frequently Asked Questions About Partitions in Fresno County
How Much Does a Partition Action Cost in Fresno County?
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 Fresno County?
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 Fresno County, 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 Fresno County?
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 Fresno County, California
Our Fresno County 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.
