Fresno Partition Lawyer

Partition Actions in Fresno

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.

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.

Experienced Real Estate Partition Action 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 also provide a way for co-owners to force the sale of the property if they cannot agree on how to divide it. The partition statutes also set out the procedures for the sale of the property and how the proceeds of the sale will be divided among the co-owners. The partition statutes also provide for the payment of costs associated with the sale of the property.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

  • 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.
  • 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.
  • 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.
  • 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.
  • 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.

Speak to Our Fresno 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

    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, County of Fresno, California

    Our Fresno partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law 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 at (559) 777-5500 or contact us online today.

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