Understanding Co-Ownership in San Joaquin County
Our team of partition attorneys in San Joaquin can assist co-owners with frequently asked questions about partitions, such as:
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- Can a partition action be stopped? Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
- What is a partition action and when is it necessary?
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
- 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.

Our Tracy Partition Attorneys Know San Joaquin County
Tracy is a city located in San Joaquin County, California. It is situated in the Central Valley, approximately 60 miles east of San Francisco and 45 miles south of Sacramento. The city is the second-largest city in the county. It is known for its agricultural production, including asparagus, tomatoes, and corn. The city is also home to a variety of businesses, including manufacturing, retail, and healthcare. The city is served by two major highways, Interstate 205 and Interstate 580, and is a popular destination for commuters to the Bay Area. The city is also home to a variety of parks, trails, and recreational facilities, making it a great place to live and visit.
Tracy, California was founded in 1878 by a group of settlers from San Joaquin County. The city was named after railroad official Lathrop J. Tracy, who was instrumental in bringing the railroad to the area. The city was incorporated in 1910 and has since grown to become a major hub for the Central Valley region. The city is home to a variety of industries, including agriculture, manufacturing, and retail. The city is also home to a number of educational institutions, including the University of the Pacific, California State University, Stanislaus, and San Joaquin Delta College.
Harless v. Winter – Partition Action Case Study
In the legal case of Harless v. Winter, 116 Cal.App.2d 641 (1953), 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. The plaintiff, Harless, sought to partition the property, while the defendant, Winter, argued that the property should not be partitioned. The court ultimately held that the property should be partitioned, but that the partition should be made in such a way that the interests of both parties were taken into account. The court also held that the partition should be made in such a way that the interests of the public were taken into account. The court also held that the partition should be made in such a way that the interests of the parties were not unduly prejudiced.
Contact an Experienced Partition Attorney in Tracy, 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 Tracy have years of experience ending co-ownership disputes in California and can help you unlock the equity in your San Joaquin 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.
Contact us Today for a Free Consultation with a Partition Attorney in Tracy, California
Our partition attorneys in Tracy also serve Stockton, Manteca, Lathrop, Mountain House, Livermore, and Pleasanton