Talkov Law’s attorneys serving Fresno County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. 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 to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
- 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.
- How does a partition action work in California?
- 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.
- 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.
Selma is a city located in Fresno County, California. It is situated in the San Joaquin Valley, approximately 30 miles southeast of Fresno. The city is known for its agricultural production, particularly of raisins and grapes. Selma is also home to a variety of businesses, including a number of wineries, and is a popular destination for tourists. The city is home to a number of historic sites, including the Selma Mansion, the Selma Railroad Depot, and the Selma Arts Center. Selma is also home to a number of parks and recreational areas, including the Selma River Park and the Selma City Park.
Speak to Our Selma Partition Attorneys Today
Call our Fresno County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (559) 777-5500 or contact us below to schedule a free, 15-minute consultation
Verdier v. Verdier – Partition Action Case Study
In the legal case of Verdier v. Verdier, 121 Cal.App.2d 190 (1953), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a family ranch. The siblings had inherited the ranch from their father, who had died without a will. The siblings had agreed to partition the ranch, but the agreement was never formalized. The sister argued that the partition should be based on the value of the ranch at the time of their father’s death, while the brother argued that the partition should be based on the current value of the ranch. The court ultimately ruled in favor of the brother, finding that the partition should be based on the current value of the ranch.
Frequently Asked Questions About Partitions in Selma
How Much Does a Partition Action Cost in Selma?
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 Selma?
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 Selma, 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 Selma?
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 Selma, County of Fresno, California
Our Selma 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 (559) 777-5500 or contact us online today.
