Partition Actions in Adelanto
Adelanto is a city located in the Mojave Desert of San Bernardino County, California. It is located in the Victor Valley area of the High Desert region of Southern California, approximately 85 miles northeast of Los Angeles. Adelanto is the second largest city in the Victor Valley and is home to a variety of businesses, including a large industrial park, and is a popular destination for outdoor recreation. Adelanto is known for its mild climate, low cost of living, and proximity to Los Angeles and other major cities.
According to Zillow, the median home value in Adelanto, California is $225,000. As of the 2020 United States Census, the population of Adelanto, California was 32,276.
Experienced Real Estate Partition Action Attorneys Serving Adelanto
Talkov Law’s attorneys serving San Bernardino County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect is that these statutes provide a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- 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.
Sangiolo v. Sangiolo – Partition Action Case Study
In the legal case of Sangiolo v. Sangiolo, 87 Cal.App.3d 511 (1978), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a family home. The siblings had inherited the home from their parents, and the plaintiff, the brother, wanted to partition the home so that he could sell his share and receive the proceeds. The defendant, the sister, argued that the home should not be partitioned because it was a family home and should remain intact. The court ultimately ruled in favor of the plaintiff, finding that the partition of the home was necessary to ensure that the siblings received equal shares of the proceeds. The court also noted that the partition would not cause any significant harm to the family home.
Contact our Team of Experienced Partition Lawyers Serving the City of Adelanto in the County of San Bernardino, California.
Our partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Call the experienced real estate partition attorneys at Talkov Law at (760) 999-3300 or contact us online for a free consultation about your co-ownership issues.