Hollister Partition Attorney

Q: How Long Does a Partition Action Take in Hollister?

Most Hollister partition actions are typically resolved in approximately 7 months , as most cases conclude with either a buyout or an agreed sale. However, the duration can vary, taking more or less time depending on the complexity of the case and the willingness of the parties to reach an agreement.

Q: How Much Does a Partition Action Cost in Hollister?

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.

Q: Who Can File a Partition Action in Hollister?

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.

Talkov Law’s attorneys serving San Benito County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. 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.

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

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 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.
What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
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.

Hollister is a city located in San Benito County, California. It is located in the San Joaquin Valley, near the Pinnacles National Park. The city is known for its agricultural production, particularly of garlic and strawberries. The city is also home to a number of historic buildings, including the San Benito County Courthouse, the Hollister Carnegie Library, and the San Benito County Historical Museum. The city is also home to a number of parks, including the San Benito County Park, the Hollister Hills State Vehicular Recreation Area, and the San Benito River Trail.

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Call our San Benito County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

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Randell v. Randell – Partition Action Case Study

In the legal case of Randell v. Randell, 219 Cal. 95 (1933), the issue was whether a partition of real property was valid. The plaintiff, Mrs. Randell, owned a parcel of real property with her husband, Mr. Randell. The couple had agreed to partition the property, with Mrs. Randell receiving one-half of the property and Mr. Randell receiving the other half. However, Mrs. Randell later filed a lawsuit against her husband, claiming that the partition was invalid because it was not done in accordance with the law. The court ultimately ruled in favor of Mrs. Randell, finding that the partition was invalid because it was not done in accordance with the law. The court held that a partition of real property must be done in accordance with the law in order to be valid.

Frequently Asked Questions About Partitions in Hollister

How Long Does a Partition Action Take in Hollister?

Most Hollister partition actions are typically resolved in approximately 7 months, as most cases conclude with either a buyout or an agreed sale. However, the duration can vary, taking more or less time depending on the complexity of the case and the willingness of the parties to reach an agreement.

How Much Does a Partition Action Cost in Hollister?

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 Hollister?

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 Hollister, 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 Hollister?

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 Hollister, County of San Benito, California

Our Hollister 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 (831) 999-9900 or contact us online today.

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