Partition Action Attorneys 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.

Talkov Law’s attorneys serving Riverside County are exceptionally experienced in California partition actions and have conducted over 370 partitions for our satisfied clients. 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 done 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.

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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.
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 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.
How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.

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.

Frequently Asked Questions About Partitions in Los Angeles

How Long Does a Partition Action Take?

Most Los Angeles 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 depending on the complexity of the case.

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, call (951) 888-3300 or contact us online today.

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