Partition Actions in Turlock
Turlock is a city located in Stanislaus County, California. It is situated in the Central Valley, approximately 8 miles south of Modesto and is home to over 70,000 people. Turlock is known for its agricultural production, particularly almonds, walnuts, and dairy products. The city is also home to California State University, Stanislaus, which is a popular destination for students from all over the state. Turlock is a vibrant city with a variety of attractions, including a historic downtown area, a variety of parks, and a variety of cultural and recreational activities.
According to Zillow, the median home value in Turlock, California is $346,400. As of 2020, the population of the California area of Turlock is estimated to be 72,945.
Experienced Real Estate Partition Action Attorneys Serving Turlock
Talkov Law’s attorneys serving Stanislaus 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 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.
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
- Who pays for a partition action? In California, 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 I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
Kipp v. Luberco, Limited – Partition Action Case Study
In the legal case of Kipp v. Luberco, Limited, 116 Cal.App.2d 656 (1953), the issue of partition was at the center of the dispute. The plaintiff, Kipp, owned a one-half interest in a parcel of real property with the defendant, Luberco, owning the other half. Kipp sought to partition the property, which would have resulted in the division of the property into two separate parcels. Luberco, however, opposed the partition, arguing that it would be too costly and would cause a great deal of inconvenience. The court ultimately ruled in favor of Kipp, finding that partition was the only way to fairly divide the property and that the costs and inconvenience were outweighed by the benefits of partition.
Contact our Team of Experienced Partition Lawyers Serving the City of Turlock in the County of Stanislaus, 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.