Experienced Partition Attorneys Serving Stockton
Talkov Law’s attorneys serving San Joaquin 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:
- Who pays for a partition action? In California, 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 heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- 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.
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
Speak to Our Stockton Partition Attorneys Today
End your co-ownership in San Joaquin County today. You don’t pay until the house is sold!
Call us at (209) 600-7700
Partition Actions in Stockton
Partitions are quite common in Stockton. 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.
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.
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.
Our partition attorneys in Stockton, California serve San Joaquin County and surrounding areas including Lodi, Manteca, Tracy, Modesto, Sacramento.