Experienced Partition Attorneys Serving Tulare County
Talkov Law’s attorneys serving Tulare 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:
- What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
- 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.
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- 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.
- 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.
Speak to Our Tulare County Partition Attorneys Today
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Partition Actions in Tulare County
Partitions are quite common in Tulare County. According to Zillow, the median home value in Tulare County, California is $225,000. As of July 1, 2019, the population of Tulare County, California was 467,210.
Tulare County is a county located in the Central Valley of California. It is the second-largest county in the state by population, with a population of 442,179 as of the 2010 census. The county seat is Visalia. The county was formed in 1852 from parts of Mariposa, Fresno, and Kern counties. It is named for the Tulare Lake, once the largest freshwater lake west of the Great Lakes. The county is home to Sequoia National Park and Kings Canyon National Park, two of the largest national parks in the United States. The county is also home to a variety of agricultural products, including citrus, cotton, dairy, grapes, nuts, and vegetables. The economy of Tulare County is largely based on agriculture, with tourism and government services also playing a role.
Baumann v. Bedford – Partition Action Case Study
In the legal case of Baumann v. Bedford, 18 Cal.2d 366 (1941), 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, Baumann, sought to partition the property, while the defendant, Bedford, argued that partition was not possible because the property was held in joint tenancy. The court ultimately held that partition was possible, but only if the joint tenancy was severed. The court reasoned that the joint tenancy was not an absolute bar to partition, and that the parties could agree to sever the joint tenancy and partition the property. The court also noted that the parties could agree to a partition in kind, or to a sale of the property and a division of the proceeds.
Contact our Team of Experienced Partition Lawyers Serving the Tulare County County in the County of Tulare, 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 (559) 777-5500 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Tulare County also serve the nearby areas of Fresno County, Kings County, Kern County, Inyo County, Monterey County, San Luis Obispo County, Santa Barbara County including Visalia, Tulare, Porterville, Dinuba, Lindsay, Exeter, Farmersville, Woodlake, Cutler, Orosi