Partition Actions in Ripon
Ripon is a small city located in San Joaquin County, California. It is situated in the Central Valley, about 40 miles south of Sacramento and 90 miles east of San Francisco. The city has a population of around 14,000 people and is known for its historic downtown, which features a variety of shops, restaurants, and other attractions. Ripon is also home to a number of parks, including the Ripon Community Park, which features a lake, walking trails, and picnic areas. The city is also home to a number of schools, including Ripon High School, which is part of the Ripon Unified School District.
According to Zillow, the median home value in Ripon, California is $521,400. As of the 2020 United States Census, the population of the California area of Ripon is 14,297.
Experienced Real Estate Partition Action Attorneys Serving Ripon
Talkov Law’s attorneys serving San Joaquin County are exceptionally experienced in the area of California partition actions. California partition actions allows for the division of real property owned by two or more persons. This statute allows for the court to order the sale of the property and the division of the proceeds among the owners. The court may also order the property to be physically divided among the owners. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the court finds that a physical division of the property would be impractical or inequitable. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property. The legal effect of the California partition statute is that it allows for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- 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?
- How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
Villicana v. Lindsay – Partition Action Case Study
In the legal case of Villicana v. Lindsay, 2016 WL 6301218, G052709 (13-Oct-2016) , the partition issues revolved around the ownership of a parcel of real property located in Orange County, California. The property was owned by the Villicana family, who had inherited it from their father. The family had been living on the property for over 30 years, but had never taken any steps to formally divide the property among the siblings. In 2013, one of the siblings, Lindsay, filed a partition action in order to divide the property among the siblings. The other siblings opposed the partition, arguing that the property was held in tenancy in common and that Lindsay had no right to partition the property. The court ultimately ruled in favor of Lindsay, finding that the property was held in joint tenancy and that Lindsay had the right to partition the property.
Contact our Team of Experienced Partition Lawyers Serving the City of Ripon in the County of San Joaquin, 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.