Dos Palos Partition Lawyer

Understanding Co-Ownership in Merced County

Our team of partition attorneys in Merced 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.
  • 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.
  • 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.
  • 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.
  • 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).

Partition Attorney in Dos Palos, California - Merced County Partition Lawyer

Our Dos Palos Partition Attorneys Know Merced County

Dos Palos is a small city located in Merced County, California. It is situated in the San Joaquin Valley, about 25 miles west of Merced. The city has a population of around 4,000 people and is known for its agricultural production, including cotton, corn, and alfalfa. The city is also home to a number of small businesses, including restaurants, shops, and a movie theater. The city is served by the Dos Palos-Oro Loma Joint Unified School District, which includes two elementary schools, a middle school, and a high school. The city is also home to a number of parks and recreational areas, including a skate park, a swimming pool, and a golf course.

Dos Palos is a small unincorporated community located in Merced County, California. It is located about 20 miles south of Merced and about 40 miles northwest of Fresno. The community was founded in 1891 by two brothers, Francisco and Antonio Palos, who were of Spanish descent. The brothers purchased a large tract of land and began to farm it. The community was originally called Palos, but the name was changed to Dos Palos (meaning “two palms”) in 1895. The community grew slowly over the years, and by the early 1900s, it had become a thriving agricultural center. The main crops grown in the area were cotton, alfalfa, and corn. The town also had a few stores, a post office, and a school. In the 1950s, the population of Dos Palos began to decline as many of the residents moved away to larger cities in search of better job opportunities. However, the town still remains a small agricultural center, and it is home to a few thousand people.

Sikes v. Sikes – Partition Action Case Study

In the legal case of Sikes v. Sikes, 2018 WL 3132799, D071576 (27-Jun-2018) , the partition issues revolved around the division of a family-owned property. The plaintiff, the son of the deceased owner, sought to partition the property, which was owned by his father and mother as joint tenants. The defendant, the daughter of the deceased owner, opposed the partition, arguing that the property was held in joint tenancy and that the plaintiff had no right to partition the property. The court ultimately found that the plaintiff had the right to partition the property, as the joint tenancy had been severed by the death of the father. The court ordered the property to be partitioned in accordance with the plaintiff’s wishes.

Contact an Experienced Partition Attorney in Dos Palos, California

If you want to end your co-ownership relationship, but your co-owner disagrees, a partition action is your only option. Our experienced partition lawyers serving Dos Palos have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Merced County property. For a free, 15-minute consultation with an experienced partition attorney at Partition Lawyer California, call (209) 600-7700 or fill out a contact form online.

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