Partition Actions in Riverbank
Riverbank is a city located in Stanislaus County, California. It is situated along the Stanislaus River, approximately 10 miles southeast of Modesto. Riverbank is known for its agricultural industry, with many farms and orchards located in the area. The city is also home to a variety of businesses, including a number of wineries, a golf course, and a casino. Riverbank is a great place to live, work, and play, with plenty of outdoor activities, shopping, and dining options.
According to Zillow, the median home value in Riverbank, California is $346,400. According to the U.S. Census Bureau, the population of Riverbank, California was 22,678 as of July 1, 2019.
Experienced Real Estate Partition Action Attorneys Serving Riverbank
Talkov Law’s attorneys serving Stanislaus County are exceptionally experienced in the area of California partition actions. 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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect is that these statutes provide 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:
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
- 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.
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
- How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
Ventre v. Tiscornia – Partition Action Case Study
In the legal case of Ventre v. Tiscornia, 23 Cal.App. 598 (1913), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a piece of real estate. The plaintiff, Ventre, sought to partition the property, while the defendant, Tiscornia, argued that the property could not be partitioned due to its unique characteristics. The court ultimately held that the property could not be partitioned due to its unique characteristics, and that the parties must instead agree to a sale of the property and divide the proceeds. The court also held that the plaintiff was not entitled to a partition in kind, as the property was not susceptible to such a division. This case serves as an example of the difficulties that can arise when attempting to partition unique properties.
Contact our Team of Experienced Partition Lawyers Serving the City of Riverbank 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.