Talkov Law’s attorneys serving Riverside County are exceptionally experienced in California partition actions and have conducted over 450 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:
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
- 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.
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
Desert Hot Springs is a city located in Riverside County, California. It is situated in the Coachella Valley, approximately 10 miles north of Palm Springs. The city is known for its natural hot and cold mineral springs, which have been used for therapeutic purposes since the early 20th century. The city is also home to a variety of outdoor activities, including hiking, biking, and golfing. The city is also known for its vibrant nightlife, with a variety of bars, restaurants, and clubs. Desert Hot Springs is a popular destination for tourists and locals alike, offering a unique blend of natural beauty and modern amenities.
Speak to Our Desert Hot Springs 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
Stoffer v. Verhellen – Partition Action Case Study
In the legal case of Stoffer v. Verhellen, 195 Cal. 317 (1925), the issue was whether a partition of a parcel of land was valid. The plaintiff, Stoffer, owned a parcel of land with two other individuals, Verhellen and another. The three parties agreed to partition the land, with each receiving a portion of the parcel. However, Verhellen later refused to accept the partition, claiming that it was not valid. The court had to decide whether the partition was valid and enforceable. The court ultimately held that the partition was valid and enforceable, and that Verhellen was bound by the agreement.
Frequently Asked Questions About Partitions in Desert Hot Springs
How Much Does a Partition Action Cost in Desert Hot Springs?
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 Desert Hot Springs?
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 Desert Hot Springs, 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 Desert Hot Springs?
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 Desert Hot Springs, County of Riverside, California
Our Desert Hot Springs 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
Palm Springs, Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, La Quinta, Indio, and Sky Valley
