Partition Actions in Oakdale
Oakdale is a small city located in the Central Valley of California, about 70 miles east of San Francisco. It is known for its rural atmosphere, small-town charm, and its proximity to the Sierra Nevada Mountains. The city is home to a variety of businesses, including agriculture, manufacturing, and retail. Oakdale is also home to a number of parks, trails, and recreational areas, making it a great place to explore the outdoors. The city is also home to a number of festivals and events throughout the year, including the Oakdale Cowboy Festival and the Oakdale Chocolate Festival.
According to Zillow, the median home value in Oakdale, California is $346,400. According to the U.S. Census Bureau, the population of Oakdale, California was 21,539 as of July 1, 2019.
Experienced Real Estate Partition Action Attorneys Serving Oakdale
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:
- 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.
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
- How does a partition action work in California?
- 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).
Wernse v. Dorsey – Partition Action Case Study
In the legal case of Wernse v. Dorsey, 2 Cal.2d 513 (1935), the issue was whether a partition of real property could be made without the consent of all the owners. The plaintiff, Wernse, owned a one-half interest in a parcel of real property with the defendant, Dorsey, owning the other half. Wernse sought to partition the property, but Dorsey refused to consent. The court held that a partition of real property could be made without the consent of all the owners, provided that the partition was made in good faith and in accordance with the law. The court also held that the partition should be made in such a way as to give each owner an equal share of the property.
Contact our Team of Experienced Partition Lawyers Serving the City of Oakdale 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.