Tracy Partition Lawyer

Partition Actions in Tracy

Tracy is a city located in San Joaquin County, California. It is situated in the Central Valley, approximately 60 miles east of San Francisco and 45 miles south of Sacramento. The city is the second-largest city in the county. It is known for its agricultural production, including asparagus, tomatoes, and corn. The city is also home to a variety of businesses, including manufacturing, retail, and healthcare. The city is served by two major highways, Interstate 205 and Interstate 580, and is a popular destination for commuters to the Bay Area. The city is also home to a variety of parks, trails, and recreational facilities, making it a great place to live and visit.

According to Zillow, the median home value in Tracy, California is $541,400 as of 2021. As of 2020, the population of the California area of Tracy is estimated to be 91,945.

Experienced Real Estate Partition Action Attorneys Serving Tracy

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:

  • Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
  • 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.
  • 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.
  • 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 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.

Speak to Our Tracy 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

    Harless v. Winter – Partition Action Case Study

    In the legal case of Harless v. Winter, 116 Cal.App.2d 641 (1953), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, Harless, sought to partition the property, while the defendant, Winter, argued that the property should not be partitioned. The court ultimately held that the property should be partitioned, but that the partition should be made in such a way that the interests of both parties were taken into account. The court also held that the partition should be made in such a way that the interests of the public were taken into account. The court also held that the partition should be made in such a way that the interests of the parties were not unduly prejudiced.

    Contact our Team of Experienced Partition Lawyers Serving the City of Tracy, County of San Joaquin, California

    Our Tracy partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law 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 at (209) 600-7700 or contact us online today.

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