Experienced Partition 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 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:
- 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).
- 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 does a partition action work in California?
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
Speak to Our Modesto Partition Attorneys Today
End your co-ownership in Stanislaus County today. You don’t pay until the house is sold!
Call us at (209) 600-7700
Partition Actions in Modesto
Partitions are quite common in Modesto. 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.
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.
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, California serve Stanislaus County and surrounding areas including Turlock, Ceres, Riverbank, Oakdale, Escalon, Ripon, Salida, Hughson.
