Talkov Law’s attorneys serving San Bernardino County are exceptionally experienced in California partition actions and have conducted over 430 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:
- How does a partition action work in California?
- 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.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- Can a partition action be stopped? 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.
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
Grand Terrace is a small city located in San Bernardino County, California. It is situated in the foothills of the San Bernardino Mountains, and is bordered by the cities of Colton, Loma Linda, and Highgrove. Grand Terrace is a quiet, residential community with a population of approximately 12,000 people. The city is known for its beautiful views of the mountains and its close proximity to the city of Riverside. Grand Terrace is home to several parks, including Grand Terrace Park, which features a playground, picnic areas, and a walking path. The city also has a variety of restaurants, shops, and other amenities.
Speak to Our Grand Terrace 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 (909) 577-3300 or contact us below to schedule a free, 15-minute consultation
Padilla v. Padilla – Partition Action Case Study
In the legal case of Padilla v. Padilla, 2011 WL 1909031, F059283 (20-May-2011) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a family-owned property. The siblings had inherited the property from their parents, and the dispute arose when one sibling wanted to sell the property and the other wanted to keep it. The court had to decide whether the property should be partitioned or sold, and if so, how the proceeds should be divided. The court ultimately decided that the property should be partitioned, with each sibling receiving an equal share of the proceeds. The court also ordered that the siblings should each pay their own costs associated with the partition.
Frequently Asked Questions About Partitions in Grand Terrace
How Much Does a Partition Action Cost in Grand Terrace?
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 Grand Terrace?
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 Grand Terrace, 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 Grand Terrace?
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 Grand Terrace, County of San Bernardino, California
Our Grand Terrace 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 (909) 577-3300 or contact us online today.
