Talkov Law’s attorneys serving Riverside County are exceptionally experienced in California partition actions and have conducted over 450 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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the partition must be done in a fair and equitable manner, and that the court must approve the partition before it can be enforced. The partition statutes also provide that the court may order the sale of the property if the co-owners cannot agree on a partition. 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 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.
- 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.
- 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.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
Blythe is a small city located in Riverside County, California, near the Arizona border. It is situated along the Colorado River and is known for its hot desert climate and its proximity to the nearby Palo Verde Valley. The city is home to a variety of outdoor activities, including camping, fishing, and boating. Blythe is also home to a number of historic sites, including the Blythe Intaglios, a series of ancient geoglyphs carved into the desert floor. The city is also home to a number of museums, galleries, and other attractions, making it a great destination for those looking to explore the area’s rich history and culture.
Speak to Our Blythe 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 (760) 999-3300 or contact us below to schedule a free, 15-minute consultation
DeMartini v. DeMartini – Partition Action Case Study
In the legal case of DeMartini v. DeMartini, 2022 WL 2045593, A160849 (7-Jun-2022) , the partition issues revolve around the division of a jointly owned property. The parties in the case are the two siblings, who inherited the property from their parents. The siblings are unable to agree on how to divide the property, and the court must decide how to divide the property in a fair and equitable manner. The court must consider the value of the property, the interests of the siblings, and any other relevant factors in order to make a decision. The court must also consider the potential for future disputes between the siblings, and the potential for future litigation if the partition is not done properly.
Frequently Asked Questions About Partitions in Blythe
How Much Does a Partition Action Cost in Blythe?
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 Blythe?
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 Blythe, 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 Blythe?
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 Blythe, County of Riverside, California
Our Blythe 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 (760) 999-3300 or contact us online today.
Serving Areas Throughout California
Needles, Palo Verde Valley, Colorado River Indian Reservation, Ripley, Mesa Verde, Vidal Junction, Ehrenberg, Quartzsite, Parker, Vidal, Palo Verde, Cibola, Vicksburg, Poston, and Earp
