Tulare County Partition Lawyer

Understanding Co-Ownership in Tulare County

Our team of partition attorneys in Tulare can assist co-owners with frequently asked questions about partitions, such as:

• Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
• Who pays for a partition action? In California, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
• Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
• How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
• What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.

Our Tulare County Partition Attorneys Know Tulare County

Tulare County is a county located in the Central Valley of California. It is the second-largest county in the state by population, with a population of 442,179 as of the 2010 census. The county seat is Visalia. The county was formed in 1852 from parts of Mariposa, Fresno, and Kern counties. It is named for the Tulare Lake, once the largest freshwater lake west of the Great Lakes. The county is home to Sequoia National Park and Kings Canyon National Park, two of the largest national parks in the United States. The county is also home to a variety of agricultural products, including citrus, cotton, dairy, grapes, nuts, and vegetables. The economy of Tulare County is largely based on agriculture, with tourism and government services also playing a role.

Tulare County was formed in 1852 from parts of Mariposa, Fresno, and Kern Counties. It was named for the many tulare oaks that once grew in the area. The county seat is Visalia, which was founded in 1852. The area was originally inhabited by the Yokuts and Mono Native American tribes. The first European settlers arrived in the area in the late 18th century, and the county was officially established in 1852. The county experienced rapid growth in the late 19th and early 20th centuries, due to the discovery of gold and the development of the railroad. The county also became a major agricultural center, with the production of cotton, wheat, and other crops. In the mid-20th century, the county experienced a population boom due to the influx of people from the Dust Bowl and the Great Migration. This population growth has continued into the 21st century, with the county now home to over 463,000 people.

In the legal case of Baumann v. Bedford, 18 Cal.2d 366 (1941), 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, Baumann, sought to partition the property, while the defendant, Bedford, argued that partition was not possible because the property was held in joint tenancy. The court ultimately held that partition was possible, but only if the joint tenancy was severed. The court reasoned that the joint tenancy was not an absolute bar to partition, and that the parties could agree to sever the joint tenancy and partition the property. The court also noted that the parties could agree to a partition in kind, or to a sale of the property and a division of the proceeds.

Contact an Experienced Partition Attorney in Tulare 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 Tulare County property. For a free, 15-minute consultation with an experienced 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 Tulare County, California

Our partition attorneys in Tulare County also serve Visalia, Tulare, Porterville, Dinuba, Lindsay, Exeter, Farmersville, Woodlake, Cutler, Orosi, and Ivanhoe