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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. As of July 1, 2019, the population of Stanislaus County, California was 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:

  • What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
  • 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.
  • Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
  • Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
  • What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.

Speak to Our Stanislaus County Partition Attorneys Today

Call our Stanislaus County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (209) 600-7700 or contact us below to schedule a free, 15-minute consultation

    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 Stanislaus County, California

    Our Stanislaus County partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law 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 at (209) 600-7700 or contact us online today.

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