Stanislaus County Partition Lawyer

Partition Actions in Stanislaus County

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.

According to Zillow, the median home value in Stanislaus County, California is $346,400 as of 2021. The population of Stanislaus County, California is 545,742.

Experienced Real Estate Partition Action 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:

• Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
• What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
• How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
• 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.
• What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.