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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. 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:

  • What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
  • 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 happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
  • What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
  • Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.

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.

    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 also serve Lincoln Village, Morada, Spanos Park, Brookside, Weston Ranch, Country Club, Garden Acres, Kennedy, Park and the University District.

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