Mendota Real Estate Partition Lawyer
Talkov Law’s attorneys serving Fresno 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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the partition must be done in a fair and equitable manner, and that the court must approve the partition before it can be enforced. The partition statutes also provide that the court may order the sale of the property if the co-owners cannot agree on a partition. 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 a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
- 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.
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
- What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
Mendota is a small city located in Fresno County, California. It is situated in the San Joaquin Valley, about 30 miles west of Fresno. The city has a population of approximately 11,000 people and is known for its agricultural production, particularly of grapes, cotton, and tomatoes. Mendota is also home to a variety of businesses, including a number of small manufacturing companies. The city is served by the Mendota Unified School District, which includes four elementary schools, one middle school, and one high school. The city is also home to a number of parks and recreational facilities, including a public swimming pool, a skate park, and a community center.
Speak to Our Mendota Partition Attorneys Today
Call our Fresno 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
Land Value Holdings, LLC v. Miller – Partition Action Case Study
In the legal case of Land Value Holdings, LLC v. Miller, 2020 WL 5587361, A153992 (18-Sep-2020) , the issue of partition was at the center of the dispute. The plaintiff, Land Value Holdings, LLC, owned a parcel of real property in Oregon that was subject to a partition action. The defendant, Miller, was a tenant in common of the property and had refused to join in the partition action. The plaintiff sought a court order to partition the property, arguing that the defendant had no right to prevent the partition. The court found that the defendant had a right to prevent the partition, as the partition action would have resulted in a sale of the property and the defendant had a right to remain in possession of the property. The court also found that the defendant had a right to receive a fair share of the proceeds from the sale of the property. The court ultimately denied the plaintiff’s motion for partition, finding that the defendant had a right to remain in possession of the property and receive a fair share of the proceeds from the sale.
Frequently Asked Questions About Partitions in Mendota
How Much Does a Partition Action Cost in Mendota?
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 Mendota?
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 Mendota, 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 Mendota?
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 Mendota, County of Fresno, California
Our Mendota 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
Fresno, Firebaugh, San Joaquin, Kerman, and Tranquillity
