Partition Action Attorneys 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.
Talkov Law’s attorneys serving Kern County are exceptionally experienced in California partition actions and have conducted over 390 partitions for our satisfied clients. 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:
- 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.
- 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).
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
- 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.
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff 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.
Frequently Asked Questions About Partitions in McFarland
How Much Does a Partition Action Cost in McFarland?
The costs of a partition action, including attorney fees, court fees, appraiser fees, and other legal expenses, are typically around $10,000 to $15,000 for less complex cases. These fees are shared among the co-owners. However, the court may adjust the distribution of these costs based on each party’s level of involvement or responsibility, allowing for a fairer allocation when needed.
Who Can File a Partition Action in McFarland?
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 McFarland, 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 McFarland?
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 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, call (661) 999-3300 or contact us online today.
Serving Areas Throughout California
Delano, Bakersfield, Wasco, Shafter, and Buttonwillow