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:
- 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 my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
- 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.
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
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.