Experienced Partition Attorneys Serving Stanislaus County
Talkov Law’s attorneys serving Stanislaus 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:
- 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.
- 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 steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
Speak to Our Stanislaus County Partition Attorneys Today
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Partition Actions in Stanislaus County
Partitions are quite common in Stanislaus County. According to Zillow, the median home value in Stanislaus County, California is $346,400 as of 2021. As of July 1, 2019, the population of Stanislaus County, California was 545,742.
Stanislaus County is a county located in the Central Valley of California, south of the San Joaquin Valley. It is part of the Modesto Metropolitan Statistical Area. The county seat is Modesto. Stanislaus County was formed in 1854 from parts of Tuolumne and Mariposa counties. The county is named for the Stanislaus River, which was named for Estanislao, a Native American chief of the Yokut tribe who led a band of Indians in a series of raids against Mexican outposts before being defeated by a force of Mexican soldiers in 1826. The county covers an area of 1,515 square miles and has a population of 542,941 as of the 2020 census. The county is home to a variety of industries, including agriculture, manufacturing, and tourism. The county is also home to several state parks, including the Stanislaus River State Park, the Turlock Lake State Recreation Area, and the Caswell Memorial State Park.
Barba v. Barba – Partition Action Case Study
In the legal case of Barba v. Barba, 103 Cal.App.2d 395 (1951), the issue was whether a partition of property between two siblings was valid. The siblings had inherited the property from their father, and the brother had taken possession of the property without the consent of the sister. The sister argued that the partition was invalid because it was not done in accordance with the law. The court found that the partition was valid, as the brother had acted in good faith and had not acted in a manner that would have been detrimental to the sister’s interests. The court also noted that the brother had taken possession of the property in order to protect it from creditors, which was a valid reason for the partition.
Contact our Team of Experienced Partition Lawyers Serving the Stanislaus County County in the County of Stanislaus, 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 (209) 600-7700 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Stanislaus County also serve the nearby areas of San Joaquin County, Merced County, Tuolumne County, Calaveras County, Alameda County, Contra Costa County, Santa Clara County including Modesto, Turlock, Ceres, Riverbank, Oakdale, Patterson, Newman
