Partition Actions in Livingston
Livingston is a small city located in Merced County, California. It is situated in the San Joaquin Valley, about 30 miles west of Modesto. The city has a population of about 13,000 people and is known for its agricultural production, including almonds, walnuts, and other crops. The city is also home to a number of small businesses, including restaurants, shops, and other services. Livingston is a great place to live, with a friendly atmosphere and plenty of outdoor activities. The city is also close to Yosemite National Park, making it a great destination for outdoor enthusiasts.
According to Zillow, the median home value in Livingston, California is $323,400. The population of the California area of Livingston is estimated to be around 13,000 people.
Experienced Real Estate Partition Action Attorneys Serving Livingston
Talkov Law’s attorneys serving Merced 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 a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- 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
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
- What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
Green v. Green-Jordan – Partition Action Case Study
In the legal case of Green v. Green-Jordan, 2019 WL 4233918, E070721 (6-Sep-2019) , the partition issues revolved around the division of a parcel of real property owned by the parties. The parties had inherited the property from their father, and the court was tasked with determining how to divide the property between them. The court found that the property should be divided into two separate parcels, with each party receiving one parcel. The court also determined that the division should be made in a way that would be fair and equitable to both parties. The court also ordered that the parties should bear their own costs associated with the partition.
Contact our Team of Experienced Partition Lawyers Serving the City of Livingston in the County of Merced, 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.