Madera County Real Estate Partition Lawyer
Talkov Law’s attorneys serving Madera County are exceptionally experienced in California partition actions and have conducted over 470 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 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.
- 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 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.
- 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.
- How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
Madera County is a county located in the Central Valley of California. It is located east of Fresno County and north of Mariposa County. The county seat is Madera. The county has a total area of 2,204 square miles and a population of 152,984 as of the 2010 census. The county is home to the Sierra National Forest, Yosemite National Park, and Bass Lake. The county is known for its agricultural production, including grapes, almonds, and citrus fruits. It is also home to several wineries and vineyards. The county is also home to a variety of outdoor activities, including camping, fishing, hiking, and boating.
Speak to Our Madera County Partition Attorneys Today
Call our Madera 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
Cuprite Mine Partners LLC v. Anderson – Partition Action Case Study
In the legal case of Cuprite Mine Partners LLC v. Anderson, 809 F.3d 548 (2015), the issue of partition was at the center of the dispute. The case involved a dispute between two partners in a mining venture, Cuprite Mine Partners LLC (CMP) and Anderson. CMP sought to partition the mining venture, while Anderson argued that the venture was not subject to partition. The court had to determine whether the venture was subject to partition under Arizona law. The court ultimately held that the venture was subject to partition, and that CMP was entitled to a partition of the venture. The court also held that Anderson was not entitled to any compensation for his interest in the venture. This case highlights the importance of understanding the legal implications of a partnership agreement, and the potential for disputes over the partition of a venture.
Frequently Asked Questions About Partitions in Madera County
How Much Does a Partition Action Cost in Madera County?
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 Madera County?
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 Madera County, 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 Madera County?
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 Madera County, California
Our Madera County 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
Madera, Chowchilla, Oakhurst, Coarsegold, Yosemite Lakes Park, Bass Lake, and Mariposa County
