Stanislaus County Partition Lawyer

Jointly Owned Property Issues in

Our team of partition attorneys in Stanislaus 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.
  • How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
  • 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.
  • 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.
  • 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.

Partition Attorney in , California - Stanislaus County Partition Lawyer

Our Stanislaus County Partition Attorneys Know Stanislaus County

Stanislaus County is a county located in the Central Valley of California, south of the San Joaquin Valley. It is part of the Modesto Metropolitan Statistical Area. The county seat is Modesto. Stanislaus County was formed in 1854 from parts of Tuolumne and Mariposa counties. The county is named for the Stanislaus River, which was named for Estanislao, a Native American chief of the Yokut tribe who led a band of Indians in a series of raids against Mexican outposts before being defeated by a force of Mexican soldiers in 1826. The county covers an area of 1,515 square miles and has a population of 542,941 as of the 2020 census. The county is home to a variety of industries, including agriculture, manufacturing, and tourism. The county is also home to several state parks, including the Stanislaus River State Park, the Turlock Lake State Recreation Area, and the Caswell Memorial State Park.

Stanislaus County was established in 1854 as one of the original counties of California. It was named after Stanislaus, a Native American chief of the Yokut tribe who lived in the area. The county was originally part of Tuolumne County, but was split off in 1854. The county was initially populated by miners and ranchers, and the first county seat was established in 1854 in the town of La Grange. The county seat was moved to Modesto in 1871. The county experienced rapid growth in the late 19th and early 20th centuries, as the population increased from around 5,000 in 1870 to over 100,000 by 1930. This growth was largely due to the development of the agricultural industry in the county, which was driven by the introduction of irrigation systems and the expansion of the railroads. Today, Stanislaus County is home to over 545,000 people and is one of the most populous counties in California. It is home to a diverse range of industries, including agriculture, manufacturing, and technology.

Barba v. Barba – Partition Action Case Study

In the legal case of Barba v. Barba, 103 Cal.App.2d 395 (1951), the issue was whether a partition of property between two siblings was valid. The siblings had inherited the property from their father, and the brother had taken possession of the property without the consent of the sister. The sister argued that the partition was invalid because it was not done in accordance with the law. The court found that the partition was valid, as the brother had acted in good faith and had not acted in a manner that would have been detrimental to the sister’s interests. The court also noted that the brother had taken possession of the property in order to protect it from creditors, which was a valid reason for the partition.

Contact an Experienced Partition Attorney in Stanislaus County, 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 have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Stanislaus 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.

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