Hemet Partition Lawyer

Partition Actions in Hemet

Hemet is a city located in Riverside County, California. It is situated in the San Jacinto Valley, about 80 miles east of Los Angeles. The city is known for its warm climate and outdoor activities. Hemet is home to a variety of attractions, including the Ramona Bowl Amphitheater, the Western Science Center, and the Diamond Valley Lake. The city is also home to a number of parks, golf courses, and other recreational areas. Hemet is a great place to live, work, and play, and is a popular destination for tourists and locals alike.

According to Zillow, the median home value in Hemet, California is $269,000. As of July 2020, the population of the California area of Hemet is estimated to be 81,845.

Experienced Real Estate Partition Action Attorneys Serving Hemet

Talkov Law’s attorneys serving Riverside 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:

  • How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
  • 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.
  • Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
  • Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
  • What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.

Speak to Our Hemet Partition Attorneys Today

Call our Riverside 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

    Hoppe v. Hoppe – Partition Action Case Study

    In the legal case of Hoppe v. Hoppe, 4 Cal.Unrep. 569 (1894), the issue was whether a partition of real property could be made between two co-owners. The plaintiff, Mrs. Hoppe, and the defendant, her husband, owned a piece of real property together. Mrs. Hoppe sought to partition the property, while her husband argued that the property could not be partitioned because it was held in joint tenancy. The court ultimately held that the property could not be partitioned because it was held in joint tenancy, and that the only way to divide the property was through a sale. This case highlights the difficulty of partitioning real property when it is held in joint tenancy, as the court found that the only way to divide the property was through a sale.

    Contact our Team of Experienced Partition Lawyers Serving the City of Hemet, County of Riverside, California

    Our Hemet 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 at (951) 888-3300 or contact us online today.

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