Partition Actions in Modesto
Modesto is a city located in the Central Valley of California, approximately 90 miles east of San Francisco. It is the county seat of Stanislaus County and the 18th largest city in the state. The city is known for its agricultural production, particularly almonds, walnuts, and wine grapes. Modesto is also home to a vibrant arts and culture scene, with a variety of museums, galleries, and performing arts venues. The city is also home to a number of parks and recreational areas, including the McHenry Mansion, the Modesto Reservoir, and the Tuolumne River Regional Park.
According to Zillow, the median home value in Modesto, California is $320,000. As of July 1, 2019, the population of the Modesto, California area was estimated to be 545,722.
Experienced Real Estate Partition Action Attorneys Serving Modesto
Talkov Law’s attorneys serving Stanislaus 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 feasible, 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:
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- 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.
- 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
- How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
Speak to Our Modesto Partition Attorneys Today
Call our Stanislaus County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (209) 600-7700 or contact us below to schedule a free, 15-minute consultation
Carlson v. Sullivan – Partition Action Case Study
In the legal case of Carlson v. Sullivan, 146 F. 476 (1906), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their father’s estate. The siblings had inherited the estate from their father, who had died without a will. The siblings disagreed on how the estate should be divided, and the court was asked to decide the issue. The court held that the estate should be divided according to the laws of the state in which the estate was located. The court also held that the siblings should be allowed to partition the estate in whatever manner they saw fit, provided that it was done in a fair and equitable manner. The court also held that the siblings should be allowed to agree on a partition of the estate without the court’s intervention.
Contact our Team of Experienced Partition Lawyers Serving the City of Modesto in the County of Stanislaus, 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 (209) 600-7700 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Modesto also serve Salida, Riverbank, Ceres, Turlock, and Oakdale, and more.