Partition Actions in Visalia
Visalia is a city located in the Central Valley of California, about halfway between Los Angeles and San Francisco. It is the county seat of Tulare County and the economic hub of the region. Visalia is known for its agricultural production, particularly of citrus fruits, and is home to a number of large companies, including the world’s largest raisin producer. The city is also home to a vibrant arts and culture scene, with a variety of museums, galleries, and performing arts venues. Visalia is a great place to live, work, and play, with plenty of outdoor activities, shopping, and dining options.
According to Zillow, the median home value in Visalia, California is $269,000. As of 2020, the population of the Visalia, California area is estimated to be 131,845.
Experienced Real Estate Partition Action Attorneys Serving Visalia
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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
- 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 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.
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
Elbert, Limited v. Clare – Partition Action Case Study
In the legal case of Elbert, Limited v. Clare, 40 Cal.2d 498 (1953), the issue was whether a partition of real property could be made without the consent of all the owners. Elbert, Limited, owned a parcel of real property with two other owners, Clare and another individual. Elbert, Limited sought to partition the property, but Clare refused to consent to the partition. Elbert, Limited argued that the partition could be made without Clare’s consent, while Clare argued that the partition could not be made without her consent. The court ultimately held that a partition of real property could not be made without the consent of all the owners.
Contact our Team of Experienced Partition Lawyers Serving the City of Visalia 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.