Experienced Partition Attorneys Serving Fresno
Talkov Law’s attorneys serving Fresno County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
- 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.
- 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.
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Partition Actions in Fresno
Partitions are quite common in Fresno. According to Zillow, the median home value in Fresno, California is $269,000 as of 2021. As of July 1, 2019, the population of the Fresno, California area was 545,941.
Fresno is the fifth-largest city in California and the largest inland city in the state. Located in the San Joaquin Valley, it is the economic and cultural center of the Fresno-Clovis metropolitan area, which has a population of over 1 million people. Fresno is known for its agricultural production, including grapes, cotton, and almonds, as well as its vibrant arts and entertainment scene. The city is home to several museums, galleries, and performing arts venues, as well as a variety of restaurants, bars, and nightlife spots. Fresno is also home to California State University, Fresno, and Fresno City College.
Barney v. City of Baltimore – Partition Action Case Study
In the legal case of Barney v. City of Baltimore, 73 U.S. 280 (1867), the issue was whether the City of Baltimore had the right to partition a piece of land owned by the plaintiff, Barney. The City of Baltimore had passed an ordinance that allowed it to partition the land into two parts, with one part being used for a public street and the other part being sold to a private individual. The plaintiff argued that the City of Baltimore did not have the right to partition the land without his consent, and that the ordinance was unconstitutional. The Supreme Court ultimately ruled in favor of the plaintiff, finding that the City of Baltimore did not have the right to partition the land without the consent of the owner.
Contact our Team of Experienced Partition Lawyers Serving the City of Fresno 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, California serve Fresno County and surrounding areas including Clovis, Madera, Visalia, Hanford, Merced, Selma, Kerman, Reedley, Sanger, Kingsburg.