Partition Actions in Madera County
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.
According to Zillow, the median home value in Madera County, California is $269,000 as of 2021. As of July 1, 2019, the population of Madera County, California was 152,749.
Experienced Real Estate Partition Action Attorneys Serving Madera County
Talkov Law’s attorneys serving Madera 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 done 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 happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- 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
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
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.
Contact our Team of Experienced Partition Lawyers Serving the Madera County County in the County of Madera, 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 Madera County also serve Chowchilla, Oakhurst, Coarsegold, Yosemite Lakes Park, and Bass Lake.