Experienced Partition 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
- 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.
Speak to Our Kern County Partition Attorneys Today
End your co-ownership in Kern County today. You don’t pay until the house is sold!
Call us at (661) 999-3300
Partition Actions in Kern County
Partitions are quite common in Kern County. 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.
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.
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 the nearby areas of Inyo County, Tulare County, Kings County, San Luis Obispo County, Santa Barbara County, Ventura County including Bakersfield, Delano, Ridgecrest, Wasco, Arvin, Shafter, McFarland, Tehachapi, California City, Taft
