Experienced Partition Attorneys Serving Fontana
Talkov Law’s attorneys serving San Bernardino County are exceptionally experienced in the area of California partition actions. 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 is that these statutes provide 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 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.
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
- 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 does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
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Partition Actions in Fontana
Partitions are quite common in Fontana. According to Zillow, the median home value in Fontana, California is $399,000. As of 2020, the population of Fontana, California is 212,717.
Fontana is a city located in San Bernardino County, California. It is situated at the foothills of the San Gabriel Mountains and is part of the Greater Los Angeles Area. The city is the second-largest city in the county. Fontana is known for its diverse population, its thriving economy, and its many recreational activities. The city is home to several major employers, including Kaiser Permanente, Amazon, and UPS. Fontana is also home to the Auto Club Speedway, a NASCAR racetrack, and the Fontana Days Festival, an annual celebration of the city’s history and culture. Fontana is a great place to live, work, and play.
Carpenter v. Dexter – Partition Action Case Study
In the legal case of Carpenter v. Dexter, 75 U.S. 513 (1869), the issue was whether a partition of land could be made without the consent of all the owners. The case involved a dispute between two brothers, William and John Carpenter, over the ownership of a tract of land in Michigan. William had purchased the land from the government in 1836, but John had since acquired an interest in the land. The brothers disagreed over how the land should be divided, and William sought to partition the land without John’s consent. The Supreme Court held that a partition of land could not be made without the consent of all the owners, and that John had a right to his share of the land. The Court also held that the partition should be made in accordance with the laws of Michigan.
Contact our Team of Experienced Partition Lawyers Serving the City of Fontana in the County of San Bernardino, 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.
Our partition attorneys in Fontana, California serve San Bernardino County and surrounding areas including Rancho Cucamonga, Ontario, Rialto, San Bernardino, Upland, Claremont, Montclair, Pomona.