Partition Actions in Stockton
Stockton is a city in the Central Valley of California, located approximately 80 miles east of San Francisco. It is the 13th largest city in California and the 63rd largest city in the United States. Stockton is known for its rich history, diverse culture, and vibrant downtown. The city is home to a number of attractions, including the Stockton Arena, Stockton Ports baseball team, and the Stockton Asparagus Festival. The city is also home to a number of universities, including University of the Pacific, San Joaquin Delta College, and Humphreys College. Stockton is a great place to live, work, and play, and offers a variety of activities for all ages.
According to Zillow, the median home value in Stockton, California is $299,000. As of July 1, 2019, the population of Stockton, California was 311,178.
Experienced Real Estate Partition Action Attorneys Serving Stockton
Talkov Law’s attorneys serving San Joaquin 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:
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
- 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.
- 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.
- 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.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
Bridges v. Bridges – Partition Action Case Study
In the legal case of Bridges v. Bridges, 125 Cal.App.2d 359 (1954), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a family ranch. The plaintiff, the brother, sought to partition the ranch into two separate parcels, while the defendant, the sister, sought to keep the ranch intact. The court ultimately ruled in favor of the plaintiff, finding that the partition of the ranch was necessary to ensure that each sibling received their fair share of the property. The court also noted that the partition would not cause any significant harm to either party, and that it would be in the best interests of both parties to divide the ranch into two separate parcels.
Contact our Team of Experienced Partition Lawyers Serving the City of Stockton in the County of San Joaquin, 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.