Experienced Partition 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:
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- 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 is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
Speak to Our Visalia Partition Attorneys Today
End your co-ownership in Tulare County today. You don’t pay until the house is sold!
Call us at (559) 777-5500
Partition Actions in Visalia
Partitions are quite common in Visalia. 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.
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.
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.
Our partition attorneys in Visalia, California serve Tulare County and surrounding areas including Fresno, Bakersfield, Hanford, Tulare, Porterville, Dinuba, Reedley, Selma, Kingsburg.
