Partition Actions in Fresno
Fresno is the fifth-largest city in California and the largest inland city in the state. Located in the San Joaquin Valley, it is the economic and cultural center of the Fresno-Clovis metropolitan area, which has a population of over 1 million people. Fresno is known for its agricultural production, including grapes, cotton, and almonds, as well as its vibrant arts and entertainment scene. The city is home to several museums, galleries, and performing arts venues, as well as a variety of restaurants, bars, and nightlife spots. Fresno is also home to California State University, Fresno, and Fresno City College.
According to Zillow, the median home value in Fresno, California is $269,000 as of 2021. As of July 1, 2019, the population of the Fresno, California area was 545,941.
Experienced Real Estate Partition Action Attorneys Serving Fresno
Talkov Law’s attorneys serving Fresno 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:
- 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.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- 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.
- 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).
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
Speak to Our Fresno Partition Attorneys Today
Call our Fresno County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (559) 777-5500 or contact us below to schedule a free, 15-minute consultation
Barney v. City of Baltimore – Partition Action Case Study
In the legal case of Barney v. City of Baltimore, 73 U.S. 280 (1867), the issue was whether the City of Baltimore had the right to partition a piece of land owned by the plaintiff, Barney. The City of Baltimore had passed an ordinance that allowed it to partition the land into two parts, with one part being used for a public street and the other part being sold to a private individual. The plaintiff argued that the City of Baltimore did not have the right to partition the land without his consent, and that the ordinance was unconstitutional. The Supreme Court ultimately ruled in favor of the plaintiff, finding that the City of Baltimore did not have the right to partition the land without the consent of the owner.
Contact our Team of Experienced Partition Lawyers Serving the City of Fresno in the County of Fresno, 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 Fresno also serve Tower District, Woodward Park, Clovis, Sunnyside, Bullard, Fig Garden, and Downtown.