Calexico Real Estate Partition Lawyer
Talkov Law’s attorneys serving Imperial County are exceptionally experienced in California partition actions and have conducted over 470 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.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- 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.
Calexico is a city located in Imperial County, California, on the U.S.-Mexico border. It is the largest U.S. city on the international border and is known for its unique blend of Mexican and American culture. The city is home to a variety of attractions, including the Calexico Mission, the Calexico-Mexicali International Airport, and the Calexico-Imperial Valley Museum. The city is also known for its vibrant nightlife, with a variety of bars, restaurants, and clubs. Calexico is a great place to explore the unique culture of the U.S.-Mexico border region.
Speak to Our Calexico Partition Attorneys Today
Call our Imperial 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
Reed v. Murphy – Partition Action Case Study
In the legal case of Reed v. Murphy, 196 Cal. 395 (1925), the issue was whether a partition of a parcel of land was valid. The plaintiff, Reed, owned a parcel of land with two other individuals, Murphy and another. Murphy and the other individual wanted to partition the land, and they agreed to divide the land into three equal parts. However, Reed refused to accept the partition, arguing that it was not fair and equitable. The court ultimately held that the partition was valid, as it was based on the agreement of the parties and was not contrary to public policy. The court also noted that the partition was not necessarily required to be equal, but that it should be fair and equitable.
Frequently Asked Questions About Partitions in Calexico
How Much Does a Partition Action Cost in Calexico?
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 Calexico?
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 Calexico, 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 Calexico?
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 Calexico, County of Imperial, California
Our Calexico 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
El Centro, Brawley, Imperial, Holtville, Heber, Seeley, Calipatria, Mexicali, and
