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Riverbank Partition Lawyer

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. California partition actions provide a legal mechanism for co-owners of real property to divide the property among themselves. The partition statutes allow a co-owner to file a lawsuit in court to have the property divided, either physically or by sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.

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

  • Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
  • What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
  • 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.
  • Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
  • Who pays for a partition action? In California, 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).

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!

Call us at (209) 600-7700 or contact us below to schedule a free, 15-minute consultation

    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.

    Our partition attorneys in Riverbank also serve Oakdale, Escalon, Modesto, and Salida.

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