Stockton Real Estate Partition Lawyer
Talkov Law’s attorneys serving San Joaquin County are exceptionally experienced in California partition actions and have conducted over 470 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 a partition action be stopped? 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.
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
- What is a partition action and when is it necessary?
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
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.
Speak to Our Stockton Partition Attorneys Today
Call our San Joaquin 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
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.
Frequently Asked Questions About Partitions in Stockton
How Much Does a Partition Action Cost in Stockton?
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 Stockton?
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 Stockton, 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 Stockton?
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 the City of Stockton, County of San Joaquin, California
Our Stockton 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.
