Lindsay Real Estate Partition Lawyer
Talkov Law’s attorneys serving Tulare County are exceptionally experienced in California partition actions and have conducted over 450 for our satisfied clients. 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:
- 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.
- 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.
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- 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.
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.
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.
Frequently Asked Questions About Partitions in Lindsay
How Much Does a Partition Action Cost in Lindsay?
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 Lindsay?
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 Lindsay, 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 Lindsay?
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 Lindsay, County of Tulare, California
Our Lindsay 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.
Serving Areas Throughout California
Visalia, Porterville, Tulare, Exeter, Farmersville, Woodlake, and Strathmore
