Partition Actions in Fontana
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.
According to Zillow, the median home value in Fontana, California is $399,000. The population of Fontana, California is 212,717.
Experienced Real Estate Partition Action Attorneys Serving Fontana
Talkov Law’s attorneys serving San Bernardino 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:
- 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.
- 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.
- What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- What is a partition action and when is it necessary?
Speak to Our Fontana Partition Attorneys Today
Call our San Bernardino County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (951) 888-3300 or contact us below to schedule a free, 15-minute consultation
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, County of San Bernardino, California
Our Fontana partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law 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 (951) 888-3300 or contact us online today.
Our partition attorneys in Fontana also serve Rancho Cucamonga, Ontario, Rialto, San Bernardino, Upland, Claremont, Montclair, Pomona, and Bloomington
