Partition Actions in Eastvale
Eastvale is a city located in Riverside County, California. It is part of the Inland Empire region and is situated in the northwestern corner of the county. Eastvale is a relatively new city, having been incorporated in 2010. It is a rapidly growing community known for its excellent schools, safe neighborhoods, and convenient access to major highways. Eastvale is also home to a variety of shopping, dining, and entertainment options, making it a great place to live and work.
According to Zillow, the median home value in Eastvale, Riverside County, California is $541,400 as of 2021. As of the 2020 census, the population of Eastvale, California is 63,912.
Experienced Real Estate Partition Action Attorneys Serving Eastvale
Talkov Law’s attorneys serving Riverside County are exceptionally experienced in the area of California partition actions. 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:
- 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.
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
- 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.
- Who pays for a partition action? In California, 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).
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
Mahoney v. Alviso – Partition Action Case Study
In the legal case of Mahoney v. Alviso, 51 Cal. 440 (1876), the issue was whether a partition of land could be made between two parties who had conflicting claims to the same property. The plaintiff, Mahoney, had purchased a piece of land from the defendant, Alviso, but Alviso had previously sold the same land to another party. The court held that a partition of the land could not be made between the two parties, as it would be impossible to determine who had the rightful claim to the property. The court also held that the plaintiff was not entitled to any compensation for his purchase of the land, as he had not taken reasonable steps to ascertain the title of the property before making the purchase.
Contact our Team of Experienced Partition Lawyers Serving the City of Eastvale in the County of Riverside, California.
Our partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Call the experienced real estate partition attorneys at Talkov Law at (951) 888-3300 or contact us online for a free consultation about your co-ownership issues.