Kern County Partition Lawyer

Partition Action Attorneys 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.

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 types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
• How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
• 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 the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
• Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.