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. 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 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:
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- 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.
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
- 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.
- 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.
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, call (951) 888-3300 or contact us online today.
Our partition attorneys in Hemet also serve San Jacinto, Valle Vista, Winchester, Homeland, Nuevo, Menifee, and Murrieta