Banning Partition Lawyer

Partition Actions in Banning

Banning is a city located in Riverside County, California. It is situated in the San Gorgonio Pass, between the San Bernardino Mountains to the north and the San Jacinto Mountains to the south. The city is named for Phineas Banning, a stagecoach and freight wagon pioneer. Banning is known for its outdoor recreation opportunities, including the nearby Morongo Casino, Resort & Spa, the Cabazon Outlets, and the Desert Hills Premium Outlets. The city is also home to the Gilman Historic Ranch and Wagon Museum, which showcases the history of the area.

According to Zillow, the median home value in Banning, California is $269,000. As of the 2020 United States Census, the population of the California area of Banning is 29,603.

Experienced Real Estate Partition Action Attorneys Serving Banning

Talkov Law’s attorneys serving Riverside 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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.

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

  • How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
  • 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 or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
  • What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
  • What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.

Speak to Our Banning Partition Attorneys Today

Call our Riverside County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (951) 888-3300 or contact us below to schedule a free, 15-minute consultation

    Shirley v. Cook – Partition Action Case Study

    In the legal case of Shirley v. Cook, 119 Cal.App.2d 220 (1953), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their father’s estate. The siblings had inherited the estate from their father, who had died without a will. The siblings had agreed to partition the estate, but the sister, Shirley, had refused to accept the partition proposed by her brother, Cook. Shirley argued that the partition proposed by Cook was unfair and that she should receive a larger share of the estate. The court ultimately ruled in favor of Cook, finding that the partition proposed by him was fair and reasonable. The court also noted that Shirley had failed to provide any evidence to support her claim that the partition was unfair.

    Contact our Team of Experienced Partition Lawyers Serving the City of Banning, County of Riverside, California

    Our Banning partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law unlocks access to justice for co-owners by funding your case. For qualified cases, you pay no fees until we successfully partition your property by obtaining a sale on the market or to your co-owner! For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (951) 888-3300 or contact us online today.

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