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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. 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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.

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

  • Can a partition action be stopped? 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.
  • Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
  • Who pays for a partition action? In California, 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 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 be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.

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 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 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 at (661) 999-3300 or contact us online today.

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