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Lathrop Partition Lawyer

Partition Actions in Lathrop

Lathrop is a city located in San Joaquin County, California. It is situated in the Central Valley, about 10 miles south of Stockton. The city was founded in 1871 and was named after the Lathrop family, who were early settlers in the area. The city is known for its agricultural production, including corn, tomatoes, and melons. The city is also home to the Lathrop Business Park, which is a major industrial center. The city is served by the Lathrop-Manteca Unified School District and is home to several parks and recreational facilities.

According to Zillow, the median home value in Lathrop, California is $399,000. As of the 2020 United States Census, the population of the California area of Lathrop is 22,717.

Experienced Real Estate Partition Action Attorneys Serving Lathrop

Talkov Law’s attorneys serving San Joaquin 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:

  • 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.
  • Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
  • What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
  • 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.
  • 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.

Speak to Our Lathrop Partition Attorneys Today

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

Call us at (209) 600-7700 or contact us below to schedule a free, 15-minute consultation

    Verdugo Canon Water Co. v. Verdugo – Partition Action Case Study

    In the legal case of Verdugo Canon Water Co. v. Verdugo, 152 Cal. 655 (1908), the issue of partition was at the center of the dispute. The case involved a dispute between two parties over the ownership of a parcel of land. The plaintiff, Verdugo Canon Water Co., claimed that it owned the entire parcel of land, while the defendant, Verdugo, claimed that he owned a portion of the land. The court had to determine whether the parcel of land should be divided into two separate parcels, with each party owning a portion of the land, or whether the entire parcel should remain undivided and be owned by one party. The court ultimately ruled that the parcel should remain undivided and be owned by the plaintiff, Verdugo Canon Water Co.

    Contact our Team of Experienced Partition Lawyers Serving the City of Lathrop in the County of San Joaquin, 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 (209) 600-7700 or contact us online for a free consultation about your co-ownership issues.

    Our partition attorneys in Lathrop also serve Manteca, Stockton, and Tracy.

    Talkov Law is Rated 5 out of 5 stars based on 70 customer reviews.

    Contact Us Today for a Free Consultation & Pay No Legal Fees Until Your Case is Over

    Call Talkov Law to discuss having your legal fees paid from the proceeds of sale of your property and no money down

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