Talkov Law’s attorneys serving Stanislaus County are exceptionally experienced in California partition actions and have conducted over 450 partitions for our satisfied clients. 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:
- 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.
- 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.
- 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.
- What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
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.
Speak to Our Riverbank Partition Attorneys Today
Call our Stanislaus County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
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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.
Frequently Asked Questions About Partitions in Riverbank
How Much Does a Partition Action Cost in Riverbank?
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 Riverbank?
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 Riverbank, 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 Riverbank?
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 Riverbank, County of Stanislaus, California
Our Riverbank 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 (209) 600-7700 or contact us online today.
