Partition Actions in Apple Valley
Apple Valley is a small town located in the Mojave Desert of San Bernardino County, California. It is situated in the Victor Valley, a region of the High Desert of Southern California. The town is located approximately 85 miles northeast of Los Angeles and 35 miles south of Barstow. Apple Valley is known for its rural atmosphere and small-town charm. The town is home to a variety of attractions, including the Apple Valley Golf Course, the Mojave Narrows Regional Park, and the Apple Valley Zoo. The town is also home to a number of shopping centers, restaurants, and other businesses. Apple Valley is a great place to live, work, and play.
According to Zillow, the median home value in Apple Valley, California is $295,000. As of the 2020 United States Census, the population of Apple Valley, California is 54,239.
Experienced Real Estate Partition Action Attorneys Serving Apple Valley
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 of the partition statutes is that it provides 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:
- 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 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 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 the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
- 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.
Kitchen v. Angelel – Partition Action Case Study
In the legal case of Kitchen v. Angelel, Not Reported in Cal.Rptr.2d (2002), the court was tasked with determining the validity of a partition agreement between two siblings. The siblings had inherited a property from their parents and had agreed to divide the property into two separate parcels. The court found that the partition agreement was invalid because it did not meet the requirements of California law. Specifically, the court found that the agreement did not provide for a fair and equitable division of the property, as required by California law. Additionally, the court found that the agreement did not provide for a method of determining the value of the property, which is also required by California law. As a result, the court found that the partition agreement was invalid and the siblings were unable to divide the property as they had agreed.
Contact our Team of Experienced Partition Lawyers Serving the City of Apple Valley 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.