Patterson Partition Lawyer

Partition Action Attorneys in Patterson

Patterson is a city located in Stanislaus County, California. It is situated in the Central Valley, approximately 37 miles southeast of Modesto and 70 miles south of Sacramento. The city is known for its agricultural production, particularly of almonds, walnuts, and other tree nuts. Patterson is also home to a variety of businesses, including a number of wineries, a golf course, and a casino. The city is served by the Patterson Unified School District, which includes four elementary schools, one middle school, and one high school. Patterson is a great place to live, work, and play, with plenty of outdoor activities, shopping, and dining options.

Talkov Law’s attorneys serving Stanislaus County are exceptionally experienced in California partition actions and have conducted over 370 partitions 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 force the sale of the property if they cannot agree on how to divide it. The partition statutes also set out the procedures for the sale of the property and how the proceeds of the sale will be divided among the co-owners. The partition statutes also provide for the payment of costs associated with the sale of the property.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

• Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
• What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
• 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
• When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.