Bakersfield Partition Lawyer

Partition Actions in Bakersfield

Bakersfield is a city located in the southern San Joaquin Valley of California. It is the county seat of Kern County and the ninth-largest city in the state. Bakersfield is known for its rich agricultural history, its oil industry, and its country music scene. The city is home to a variety of attractions, including the Kern County Museum, the Bakersfield Museum of Art, and the Kern County Raceway Park. Bakersfield is also home to a number of parks, including Hart Memorial Park, Panorama Park, and the Kern River Parkway. The city is a popular destination for outdoor recreation, with a variety of activities available, such as fishing, camping, and hiking.

According to Zillow, the median home value in Bakersfield, California is $245,000. As of 2020, the population of the Bakersfield, California area is estimated to be around 380,874 people.

Experienced Real Estate Partition Action Attorneys Serving Bakersfield

Talkov Law’s attorneys serving Kern 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 is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
• Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
• How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
• Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
• How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.