Lemoore Real Estate Partition Lawyer
Talkov Law’s attorneys serving Kings County are exceptionally experienced in California partition actions and have conducted over 450 for our satisfied clients. 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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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 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.
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- 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.
Lemoore is a city in Kings County, California, United States. It is located in the San Joaquin Valley, near the cities of Hanford and Corcoran. The city is the home of Naval Air Station Lemoore, the largest master jet base in the U.S. Navy. The land upon which the base now stands was originally inhabited by the Yokut Indians. The city of Lemoore is located in the heart of the Central Valley, and is known for its agricultural production, including dairy, cotton, and almonds. The city is also home to a variety of recreational activities, including golf courses, parks, and a water park. The city is also home to a variety of restaurants, shopping centers, and other businesses.
Speak to Our Lemoore Partition Attorneys Today
Call our Kings County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (559) 777-5500 or contact us below to schedule a free, 15-minute consultation
Tewksbury v. Provizzo – Partition Action Case Study
In the legal case of Tewksbury v. Provizzo, 12 Cal. 20 (1859), the issue was whether a partition of land could be made between two parties who had conflicting claims to the same property. The plaintiff, Tewksbury, had purchased the land from the original owner, while the defendant, Provizzo, had obtained a deed from the same owner, but after the plaintiff had already purchased the land. The court held that the plaintiff was entitled to the land, and that the defendant could not be allowed to partition the land with the plaintiff. The court reasoned that the defendant had no legal right to the land, and that the plaintiff had already acquired the land before the defendant had obtained his deed. The court also noted that the defendant had not taken any steps to protect his rights to the land, such as filing a suit to quiet title. Thus, the court held that the defendant could not be allowed to partition the land with the plaintiff.
Frequently Asked Questions About Partitions in Lemoore
How Much Does a Partition Action Cost in Lemoore?
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 Lemoore?
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 Lemoore, 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 Lemoore?
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 the City of Lemoore, County of Kings, California
Our Lemoore 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 (559) 777-5500 or contact us online today.
