Stockton Partition Lawyer

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 court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

• 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.
• In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
• 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.
• Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
• Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.