San Joaquin County Partition Lawyer

Partition Actions in San Joaquin County

San Joaquin County is a county located in the Central Valley of California. It is the eighth most populous county in the state and the thirty-third most populous county in the United States. The county seat is Stockton, and the largest city is Stockton. The county has a total area of 1,426 square miles, making it the second-largest county in California by area. The county is home to a diverse population of over 700,000 people, with a variety of cultures, languages, and religions. The county is known for its agricultural production, particularly its wine grapes, almonds, and walnuts. It is also home to a number of universities and colleges, including University of the Pacific, San Joaquin Delta College, and California State University, Stanislaus.

According to Zillow, the median home value in San Joaquin County, California is $346,400 as of 2021. As of July 1, 2019, the population of San Joaquin County, California was 798,845.

Experienced Real Estate Partition Action Attorneys Serving San Joaquin County

Talkov Law’s attorneys serving San Joaquin 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:

  • Can a partition action be stopped? 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.
  • Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
  • What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
  • What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
  • What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.

Speak to Our San Joaquin County Partition Attorneys Today

Call our San Joaquin 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

    Bank of Ukiah v. Rice – Partition Action Case Study

    In the legal case of Bank of Ukiah v. Rice, 143 Cal. 265 (1904), the issue was whether a partition of real property could be made without the consent of all the owners. The case involved a dispute between the Bank of Ukiah and the Rice family over a parcel of land that was owned by both parties. The Bank of Ukiah wanted to partition the land, but the Rice family objected, arguing that the partition could not be made without their consent. The court ultimately ruled that a partition could be made without the consent of all the owners, as long as the partition was made in good faith and in accordance with the law. The court also held that the Bank of Ukiah had acted in good faith and that the partition was valid.

    Contact our Team of Experienced Partition Lawyers Serving San Joaquin County, California

    Our San Joaquin County 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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