Talkov Law’s attorneys serving Stanislaus County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. 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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect is that these statutes provide 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:
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- 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.
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
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.
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.
Frequently Asked Questions About Partitions in Stanislaus County
How Much Does a Partition Action Cost in Stanislaus County?
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 Stanislaus County?
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 Stanislaus County, 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 Stanislaus County?
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 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 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 (209) 600-7700 or contact us online today.
