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:
- 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 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 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 a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
Our High Desert Partition Attorneys Know Kern County
The High Desert is a region of California located in the Mojave Desert. It is characterized by its dry climate, sparse vegetation, and wide open spaces. The High Desert is home to some of the most iconic landscapes in the state, including the Joshua Tree National Park, Death Valley National Park, and the Mojave National Preserve. The region is also home to a variety of wildlife, including coyotes, jackrabbits, and roadrunners. The High Desert is a popular destination for outdoor recreation, including camping, hiking, and rock climbing. The area is also known for its vibrant art and music scene, with many local artists and musicians performing in the area.
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 High Desert, 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 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 (760) 999-3300 or fill out a contact form online.
