Talkov Law’s attorneys serving Riverside County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. California partition actions provide a legal mechanism for co-owners of real property to divide the property among themselves. The partition statutes allow a co-owner to file a lawsuit in court to have the property divided, either physically or by sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
- 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.
- 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 are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
Beaumont is a city located in Riverside County, California. It is situated in the San Gorgonio Pass, between the San Bernardino Mountains and the San Jacinto Mountains. The city is known for its hot springs, which have been used for therapeutic purposes since the late 19th century. Beaumont is also home to the Morongo Casino Resort & Spa, which is one of the largest casinos in the state. The city is also home to the historic San Gorgonio Pass Water Agency, which provides water to the surrounding area. Beaumont is a great place to live, with a variety of outdoor activities, shopping, and dining options.
Speak to Our Beaumont 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
Neusted v. Skernswell – Partition Action Case Study
In the legal case of Neusted v. Skernswell, 69 Cal.App.2d 361 (1945), 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, Neusted, sought to partition the property, while the defendant, Skernswell, argued that the property could not be partitioned because it was a single, indivisible parcel. The court ultimately held that the property could not be partitioned because it was a single, indivisible parcel, and that the plaintiff was not entitled to a partition of the property. The court reasoned that the property was a single, indivisible parcel because it was held in joint tenancy, and that the joint tenancy could not be severed without the consent of both parties. The court also noted that the property was not suitable for partition because it was a single, indivisible parcel.
Frequently Asked Questions About Partitions in Beaumont
How Much Does a Partition Action Cost in Beaumont?
The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.
Who Can File a Partition Action in Beaumont?
A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.
Who Pays for a Partition Action?
In Beaumont, 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 Partition Action Be Stopped in Beaumont?
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.
Contact our Team of Experienced Partition Lawyers Serving the City of Beaumont, County of Riverside, California
Our Beaumont partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov Law Partition Attorneys 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.
Serving Areas Throughout California
Banning, Yucaipa, Redlands, Moreno Valley, Hemet, San Jacinto, Cherry Valley, and Calimesa
