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Kern County Partition Lawyer

Partition Actions in Kern County

Kern County is located in the southern Central Valley of California, and is the third largest county in the state. It is bordered by Tulare County to the north, Fresno County to the east, Kings County to the south, and San Luis Obispo and Santa Barbara Counties to the west. The county seat is Bakersfield, and the largest city is also Bakersfield. Kern County is home to a diverse population of over 890,000 people, and is known for its agricultural production, oil and gas production, and aerospace and defense industries. The county is also home to several national parks, including Sequoia National Park, Death Valley National Park, and the Mojave National Preserve. Kern County is a great place to live, work, and play, and offers a variety of activities and attractions for visitors and residents alike.

According to Zillow, the median home value in Kern County, California is $250,000. As of July 1, 2020, the population of Kern County, California was 899,741.

Experienced Real Estate Partition Action Attorneys Serving Kern County

Talkov Law’s attorneys serving Kern 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 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:

  • Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
  • Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
  • 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.
  • Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
  • 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.

Speak to Our Kern County Partition Attorneys Today

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

Call us at (661) 999-3300 or contact us below to schedule a free, 15-minute consultation

    Baker v. Baker – Partition Action Case Study

    In the legal case of Baker v. Baker, 3 Cal.Unrep. 597 (1892), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their father’s estate. The siblings had inherited the estate from their father, who had died without a will. The siblings disagreed on how the estate should be divided, with one sibling arguing that the estate should be divided equally between them, while the other argued that the estate should be divided according to the value of each sibling’s contribution to the estate. The court ultimately ruled in favor of the sibling who argued for an equal division of the estate, finding that the estate should be divided equally between the siblings. The court also noted that the partition of the estate should be done in a manner that is fair and equitable to both parties.

    Contact our Team of Experienced Partition Lawyers Serving the Kern County County in the County of Kern, 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 (661) 999-3300 or contact us online for a free consultation about your co-ownership issues.

    Our partition attorneys in Kern County also serve Bakersfield, Taft, Maricopa, California City, Delano, Ridgecrest, Tehachapi, and Arvin.

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