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. 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 of the partition statutes is that it provides 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 happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
  • Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
  • Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
  • 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.
  • What is a partition action and when is it necessary?

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, 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 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.

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