Understanding Co-Ownership in Kern County
Our team of partition attorneys in Kern can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- 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 are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
Our Bakersfield Partition Attorneys Know Kern County
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.
Bakersfield, California was founded in 1869 by Thomas Baker, a colonel in the California militia. Baker named the city after his hometown of Bakersfield, Vermont. The city quickly grew as a center for agriculture, oil, and transportation. In the early 1900s, the city became a major hub for the oil industry, and by the 1950s, it was the largest oil-producing region in the United States. In the 1960s, Bakersfield experienced a population boom as people moved to the city for jobs in the oil industry. The city has since become a major center for agriculture, manufacturing, and transportation. It is also home to a vibrant music scene, with a number of country and western artists having made their start in Bakersfield.
Bollo v. Navarro – Partition Action Case Study
In the legal case of Bollo v. Navarro, 33 Cal. 459 (1867), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of land in California. The two co-owners, Bollo and Navarro, had inherited the land from their father, who had died without leaving a will. The two co-owners had been living on the land for some time, but had not been able to agree on how to divide the land between them. Bollo had filed a lawsuit against Navarro, seeking a partition of the land. The court ruled in favor of Bollo, ordering that the land be divided into two equal parts, with each co-owner receiving one half. The court also ordered that the costs of the partition be shared equally between the two co-owners. The case established the legal principle that co-owners of land have the right to seek a partition of the land if they are unable to agree on how to divide it.
Contact an Experienced Partition Attorney in Bakersfield, 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 Bakersfield have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Kern County property. For a free, 15-minute consultation with a knowledgeable partition attorney at Partition Lawyer California, call (661) 999-3300 or fill out a contact form online.
Contact us Today for a Free Consultation with a Partition Attorney in Bakersfield, California
Our partition attorneys in Bakersfield also serve Delano, Taft, Shafter, Wasco, Arvin, Lamont, Tehachapi, McFarland, Oildale, Rosedale, Greenacres, Fruitvale, Stockdale Estates, and Downtown Bakersfield
