Parlier 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:
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- 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.
- 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.
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
Parlier is a small city located in Fresno County, California. It is situated in the San Joaquin Valley, about 8 miles southeast of Fresno. The city has a population of approximately 14,000 people and is known for its agricultural production, particularly of grapes, peaches, and nectarines. The city is also home to a variety of businesses, including a number of small manufacturing companies. Parlier is served by the Parlier 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 Parlier 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
Goldenwest Plaza, LLC v. The Frank M. and Gertrude R. Doyle Foundation, Inc. – Partition Action Case Study
In the legal case of Goldenwest Plaza, LLC v. The Frank M. and Gertrude R. Doyle Foundation, Inc., 2016 WL 4434793, G050766 (22-Aug-2016) revolved around the ownership of a commercial property located in Orange County, California. The property was owned by the Frank M. and Gertrude R. Doyle Foundation, Inc. (the “Foundation”) and Goldenwest Plaza, LLC (“Goldenwest”). The Foundation and Goldenwest had entered into a joint venture agreement in which the Foundation owned a 50% interest in the property and Goldenwest owned the other 50%. The agreement provided that the Foundation and Goldenwest would share in the profits and losses of the property in proportion to their respective interests. The dispute arose when the Foundation sought to partition the property, claiming that it owned a 100% interest in the property. Goldenwest disagreed, arguing that it owned a 50% interest in the property. The court ultimately found in favor of Goldenwest, holding that the joint venture agreement was valid and enforceable and that Goldenwest was entitled to a 50% interest in the property. The court also ordered the Foundation to pay Goldenwest’s costs and attorney’s fees.
Frequently Asked Questions About Partitions in Parlier
How Much Does a Partition Action Cost in Parlier?
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 Parlier?
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 Parlier, 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 Parlier?
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 Parlier, County of Fresno, California
Our Parlier 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.
