Understanding Co-Ownership in Fresno County
Our team of partition attorneys in Fresno can assist co-owners with frequently asked questions about partitions, such as:
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- 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.
- 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.
- 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.
- 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.

Our Fresno County Partition Attorneys Know Fresno County
Fresno County is located in the Central Valley of California and is the fifth most populous county in the state. It is bordered by Kings, Madera, Tulare, and Kern counties. The county seat is Fresno, the largest city in the county. Fresno County is home to a diverse population of over 930,000 people, with a median age of 30.5 years. The county is known for its agricultural production, including grapes, cotton, and almonds. It is also home to a number of national parks, including Yosemite National Park, Sequoia National Park, and Kings Canyon National Park. The county is also home to a number of universities, including California State University, Fresno, Fresno Pacific University, and the University of California, Merced.
Fresno County was established in 1856 as one of the original 27 counties of California. It was named after the Spanish word for ash tree, “fresno”. The county was formed from parts of Mariposa, Merced, and Tulare counties. The county was initially populated by Native Americans, including the Yokuts and Mono tribes. In the late 19th century, the county began to attract settlers from the eastern United States and Europe. The first major industry in the county was agriculture, and Fresno County quickly became one of the most productive agricultural regions in the state. In the early 20th century, Fresno County experienced a population boom as the Great Central Valley was developed for agriculture. The county also experienced a surge in population due to the Dust Bowl migration of the 1930s. Fresno County has continued to grow and develop over the years. Today, it is the fifth most populous county in California and is home to a diverse population. The county is known for its agricultural production, including grapes, cotton, and citrus fruits. It is also home to a number of universities and colleges, including California State University, Fresno.
Bacon v. Wahrhaftig – Partition Action Case Study
In the legal case of Bacon v. Wahrhaftig, 97 Cal.App.2d 599 (1950), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property located in Los Angeles County. The two co-owners, Bacon and Wahrhaftig, had inherited the property from their father, who had died in 1945. Bacon and Wahrhaftig had been unable to agree on how to divide the property, and Bacon had filed a partition action in the Superior Court of Los Angeles County. The trial court had granted Bacon’s motion for partition, and Wahrhaftig had appealed the decision. On appeal, the court considered the issue of whether the trial court had properly granted Bacon’s motion for partition. The court noted that the partition action was based on the theory of implied partition, which is a legal doctrine that allows co-owners of real property to seek a court-ordered division of the property when the co-owners are unable to agree on how to divide the property. The court held that the trial court had properly granted Bacon’s motion for partition, noting that Bacon had presented sufficient evidence to support his claim that he and Wahrhaftig were unable to agree on how to divide the property. The court also noted that Bacon had presented evidence that Wahrhaftig had refused to cooperate in the partition process. The court concluded that Bacon was entitled to a court-ordered partition of the property.
Contact an Experienced Partition Attorney in Fresno County, California
If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our experienced partition lawyers serving have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Fresno 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 Fresno County, California
Our partition attorneys in Fresno County also serve Fresno, Clovis, Sanger, Selma, Kerman, Parlier, Reedley, Kingsburg, Mendota, Firebaugh, and Madera