Talkov Law’s attorneys serving Kern County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
- 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.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- How does a partition action work in California?
Shafter is a city located in Kern County, California. It is located about 7 miles west-northwest of Bakersfield. The population was 16,988 at the 2010 census, up from 12,736 at the 2000 census. Shafter is located along State Route 43. The city is known for its agricultural production, particularly alfalfa, cotton, and pistachios. The city is also home to the Shafter Silver Wings, a semi-professional football team. The city is served by the Shafter-Wasco Union High School District.
Speak to Our Shafter Partition Attorneys Today
Call our Kern County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (661) 999-3300 or contact us below to schedule a free, 15-minute consultation
Aguilera v. Lyons – Partition Action Case Study
In the legal case of Aguilera v. Lyons, 2015 WL 5839779, C071061 (7-Oct-2015) , the issue of partition was at the center of the dispute. The parties were co-owners of a parcel of real property located in Santa Clara County, California. The plaintiff, Aguilera, sought to partition the property, while the defendant, Lyons, opposed the partition. The court found that the parties had an implied agreement to partition the property, and that the partition should be done in accordance with the California Code of Civil Procedure. The court also found that the partition should be done in a manner that would be fair and equitable to both parties. The court ultimately ordered the partition of the property, and ordered that the parties bear their own costs and expenses associated with the partition.
Frequently Asked Questions About Partitions in Shafter
How Much Does a Partition Action Cost in Shafter?
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 Shafter?
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 Shafter, 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 Shafter?
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 Shafter, County of Kern, California
Our Shafter 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 (661) 999-3300 or contact us online today.
Serving Areas Throughout California
Bakersfield, Delano, Wasco, McFarland, Buttonwillow, and Smith Corner
