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 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.
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
- 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.
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
Our Merced Partition Attorneys Know Merced County
Merced is a city in the Central Valley of California, located in Merced County. It is the county seat and the largest city in the county. Merced is situated in the San Joaquin Valley, near the foothills of the Sierra Nevada Mountains. The city is known for its agricultural production, including almonds, grapes, and dairy products. It is also home to the University of California, Merced, the first American research university to be built in the 21st century. Merced is a vibrant city with a diverse population, offering a variety of activities and attractions. The city is home to a number of parks, museums, and other attractions, including the Merced County Historical Museum, the Merced County Courthouse, and the Merced River Walk. The city also hosts a number of annual festivals and events, such as the Merced County Fair and the Merced County Wine Festival.
Merced, California was founded in 1872 by the Central Pacific Railroad. The city was named after the Merced River, which was named by Spanish explorer Gabriel Moraga in 1806. The city was incorporated in 1889 and has since grown to become the county seat of Merced County. The city has a rich agricultural history, with many of the original settlers being farmers and ranchers. The city has also been home to a number of notable people, including former California Governor Pat Brown and Nobel Prize-winning author John Steinbeck. In recent years, Merced has become a popular destination for students attending the University of California, Merced.
In re Estate of Canfield – Partition Action Case Study
In the legal case of In re Estate of Canfield, 107 Cal.App.2d 682 (1951), the issue of partition arose when the decedent’s will provided for the division of his estate among his four children. The decedent’s will stated that the estate should be divided into four equal parts, with each child receiving one part. However, the estate included a parcel of real property that could not be divided into four equal parts. The court had to decide how to divide the property in a way that would be fair to all of the parties involved. The court ultimately decided to divide the property into four unequal parts, with each child receiving a portion of the property that was proportional to their share of the estate.
Contact an Experienced Partition Attorney in Merced, 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 Merced 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 a knowledgeable partition attorney at Partition Lawyer California, call (209) 600-7700 or fill out a contact form online.
Contact us Today for a Free Consultation with a Partition Attorney in Merced, California
Our partition attorneys in Merced also serve Fresno, Modesto, Turlock, Madera, Atwater, Los Banos, Chowchilla, Mariposa, Winton, Planada, Le Grand, and Delhi
