Partition Actions in Shafter
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.
According to Zillow, the median home value in Shafter, California is $245,000. As of the 2020 United States Census, the population of Shafter, California was 18,722.
Experienced Real Estate Partition Action Attorneys Serving Shafter
Talkov Law’s attorneys serving Kern 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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the partition must be done in a fair and equitable manner, and that the court must approve the partition before it can be enforced. The partition statutes also provide that the court may order the sale of the property if the co-owners cannot agree on a partition. 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:
- How does a partition action work in California?
- 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.
- 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.
- 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.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
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.
Contact our Team of Experienced Partition Lawyers Serving the City of Shafter in the County of Kern, 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 (661) 999-3300 or contact us online for a free consultation about your co-ownership issues.