Experienced Partition Attorneys Serving Madera County
Talkov Law’s attorneys serving Madera 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:
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
- 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.
- 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.
Speak to Our Madera County Partition Attorneys Today
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Call us at (559) 777-5500
Partition Actions in Madera County
Partitions are quite common in Madera County. 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.
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.
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 the nearby areas of Fresno County, Mariposa County, Merced County, Stanislaus County including Madera, Chowchilla, Oakhurst