Talkov Law’s attorneys serving Kern County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. California partition actions allows for the partition of real property owned by two or more persons. This statute provides a legal mechanism for the division of real property when the owners cannot agree on how to divide the property. The partition statutes allow for the court to order the sale of the property and the division of the proceeds among the owners. The partition statutes also allows for the court to order the physical division of the property if it is feasible. The partition statutes also provide for the court to order the partition of the property by allotment, which is when the court assigns each owner a specific portion of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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
- What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
- What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
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.
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.
Frequently Asked Questions About Partitions in Kern County
How Much Does a Partition Action Cost in Kern County?
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 Kern County?
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 Kern County, 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 Kern County?
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 Kern County, California
Our Kern County 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 (661) 999-3300 or contact us online today.
