McFarland Partition Lawyer

Partition Actions in McFarland

McFarland is a small city located in Kern County, California. It is situated in the San Joaquin Valley, about 8 miles north of the city of Bakersfield. The population of McFarland was 12,707 at the 2010 census. The city is known for its agricultural production, particularly of grapes, almonds, and citrus fruits. McFarland is also home to a large Hispanic population, with over 80% of the population identifying as Hispanic or Latino. The city is served by the McFarland Unified School District, which includes four elementary schools, one middle school, and one high school. McFarland is a quiet, rural community with a strong sense of community and a commitment to preserving its agricultural heritage.

According to Zillow, the median home value in McFarland, California is $232,400. As of the 2020 United States Census, the population of McFarland, California is estimated to be 13,722.

Experienced Real Estate Partition Action Attorneys Serving McFarland

Talkov Law’s attorneys serving Kern 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:

  • 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.
  • 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.
  • What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
  • 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 are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.

Speak to Our McFarland Partition Attorneys Today

Call our Kern County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (661) 999-3300 or contact us below to schedule a free, 15-minute consultation

    Cloninger v. Moran – Partition Action Case Study

    In the legal case of Cloninger v. Moran, 2012 WL 3800824, H036473 (4-Sep-2012) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, and the siblings had agreed to partition the home, with one sibling taking the upstairs portion and the other taking the downstairs portion. However, the siblings had failed to execute a written agreement to formalize the partition. The dispute arose when one of the siblings attempted to sell the entire home without the consent of the other sibling. The court had to determine whether the partition agreement was valid and enforceable, and if so, how to divide the home. The court ultimately found that the partition agreement was valid and enforceable, and ordered the home to be divided in accordance with the agreement.

    Contact our Team of Experienced Partition Lawyers Serving the City of McFarland, County of Kern, California

    Our McFarland partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law 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 at (661) 999-3300 or contact us online today.

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