Partition Actions in Lindsay
Lindsay is a small city located in Tulare County, California. It is situated in the San Joaquin Valley, about 10 miles south of Visalia. The city has a population of about 11,000 people and is known for its agricultural production, including citrus, grapes, and olives. The city is also home to a number of parks, including Lindsay City Park, which features a lake, picnic areas, and a playground. The city also has a number of historic buildings, including the Lindsay Museum, which houses artifacts from the city’s past. Lindsay is a great place to visit for its small-town charm and its proximity to larger cities in the area.
According to Zillow, the median home value in Lindsay, California is $220,000. According to the U.S. Census Bureau, the population of the California area of Lindsay was 11,768 as of July 1, 2019.
Experienced Real Estate Partition Action Attorneys Serving Lindsay
Talkov Law’s attorneys serving Tulare 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 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:
- What is a partition action and when is it necessary?
- 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 recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
Speak to Our Lindsay Partition Attorneys Today
Call our Tulare 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
Dorfman v. Carter – Partition Action Case Study
In the legal case of Dorfman v. Carter, 2021 WL 3561360, A157970 (12-Aug-2021) , the partition issues revolve around the division of a parcel of real property located in Oregon. The dispute arose when the plaintiff, Dorfman, purchased the property from the defendant, Carter, in 2017. Dorfman believed that the property was a single parcel, but Carter had previously divided the property into two parcels and sold the northern parcel to a third party. Dorfman argued that the partition was invalid and that the property should be treated as a single parcel. The court ultimately found that the partition was valid and that the property should be divided into two parcels. The court also ordered that the northern parcel be sold to Dorfman and the southern parcel be sold to Carter.
Contact our Team of Experienced Partition Lawyers Serving the City of Lindsay in the County of Tulare, 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 (559) 777-5500 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Lindsay also serve Woodlake, Exeter, Strathmore, and Visalia.