Jointly Owned Property Issues in Avenal
Our team of partition attorneys in Kings can assist co-owners with frequently asked questions about partitions, such as:
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- 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 long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- 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.
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
Our Avenal Partition Attorneys Know Kings County
Avenal is a city located in Kings County, California. It is situated in the San Joaquin Valley, about 30 miles west of Hanford and 40 miles south of Fresno. The city has a population of approximately 15,000 people and is known for its agricultural production, particularly cotton, alfalfa, and vegetables. The city is also home to a large prison complex, which houses over 4,000 inmates. Avenal is a small, rural community with a strong sense of community and a commitment to providing a safe and secure environment for its residents. The city is served by a variety of local businesses, including restaurants, grocery stores, and retail stores.
Avenal is a small community located in the San Fernando Valley of Los Angeles, California. The area was originally inhabited by the Tongva people, who were the original inhabitants of the Los Angeles Basin. In the late 1800s, the area was settled by Mexican and Spanish settlers, who established a small farming community. In the early 1900s, the area was annexed by the City of Los Angeles and the population began to grow. In the 1950s, the area was developed into a residential neighborhood, and today it is a diverse community with a mix of single-family homes, apartments, and condominiums.
McCloy v. Slater – Partition Action Case Study
In the legal case of McCloy v. Slater, 2010 WL 4121638, B221299 (21-Oct-2010) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, and the dispute arose when one sibling wanted to sell the home and the other wanted to keep it. The court had to decide whether the siblings should be allowed to partition the home, meaning that each sibling would receive a portion of the home. The court ultimately ruled that partition was not an appropriate solution in this case, as it would not be equitable to the siblings. The court instead ordered that the home be sold and the proceeds divided between the siblings.
Contact an Experienced Partition Attorney in Avenal, California
If you want to end your co-ownership relationship, but your co-owner refuses, a partition action is your only option. Our experienced partition lawyers serving Avenal have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Kings County property. For a free, 15-minute consultation with a knowledgeable partition attorney at Partition Lawyer California, call (559) 777-5500 or fill out a contact form online.
Contact us Today for a Free Consultation with a Partition Attorney in Avenal, California
Our partition attorneys in Avenal also serve Kettleman City, Huron, Coalinga, Lemoore, and Hanford
