El Centro Real Estate Partition Lawyer
Talkov Law’s attorneys serving Imperial County are exceptionally experienced in California partition actions and have conducted over 450 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 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:
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
- 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 the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- 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.
El Centro is a city located in Imperial County, California. It is the largest city in the county and is located in the Imperial Valley, near the Mexican border. El Centro is known for its agricultural production, particularly of lettuce, melons, and other vegetables. The city is also home to the Imperial Valley Mall, the largest shopping center in the Imperial Valley. El Centro is a popular destination for tourists, with attractions such as the Imperial Valley Desert Museum, the Imperial Valley Speedway, and the Imperial Valley College. The city is also home to a number of festivals and events, including the Imperial Valley Fair and the El Centro Air Show.
Speak to Our El Centro 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
Pfeiffer v. Regents of University of California – Partition Action Case Study
In the legal case of Pfeiffer v. Regents of University of California, 74 Cal. 156 (1887), the issue of partition was at the center of the dispute. The plaintiff, Pfeiffer, had purchased a parcel of land from the defendant, the Regents of the University of California. The land was divided into two parts, with the northern portion owned by Pfeiffer and the southern portion owned by the Regents. Pfeiffer sought to have the land partitioned so that he could have exclusive use of the entire parcel. The Regents argued that the land could not be partitioned because it was held in common by the two parties. The court ultimately ruled in favor of the Regents, finding that the land could not be partitioned because it was held in common. The court also found that the Regents had the right to use the land as they saw fit, and that Pfeiffer had no right to exclusive use of the land.
Frequently Asked Questions About Partitions in El Centro
How Much Does a Partition Action Cost in El Centro?
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 El Centro?
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 El Centro, 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 El Centro?
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 El Centro, County of Imperial, California
Our El Centro 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
Calexico, Brawley, Imperial, Holtville, Heber, Seeley, Calipatria, and Westmorland
