Partition Actions in Los Banos
Los Banos is a city located in Merced County, California. It is situated in the San Joaquin Valley, near the junction of State Route 152 and Interstate 5. The city is known for its agricultural production, particularly of tomatoes, almonds, and walnuts. Los Banos is also home to a variety of recreational activities, including the Los Banos Wildlife Area, the Los Banos Creek Reservoir, and the Los Banos Municipal Golf Course. The city is also home to a number of educational institutions, including the University of California, Merced, and Merced College.
According to Zillow, the median home value in Los Banos, California is $323,400 as of 2021. As of the 2020 United States Census, the population of Los Banos, California was 35,972.
Experienced Real Estate Partition Action Attorneys Serving Los Banos
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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- Who pays for a partition action? In California, 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).
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
Rancho Santa Margarita v. Vail – Partition Action Case Study
In the legal case of Rancho Santa Margarita v. Vail, 11 Cal.2d 501 (1938), the issue was whether a partition of a large rancho was valid. The rancho had been granted to a single family in 1841, and the family had divided it among themselves in 1868. The partition was done without court approval, and the family members had since sold their portions to different people. The court had to decide whether the partition was valid, and if so, how to divide the land among the current owners. The court ultimately held that the partition was valid, but that the current owners would have to agree on a new partition that would be approved by the court.
Contact our Team of Experienced Partition Lawyers Serving the City of Los Banos 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.