Partition Actions in Hesperia
Hesperia is a city located in the Mojave Desert of San Bernardino County, California. It is located in the Victor Valley, which is part of the Greater Los Angeles Area. The city is situated between the cities of Victorville and Apple Valley, and is approximately 85 miles northeast of Los Angeles. Hesperia is known for its wide open spaces, beautiful mountain views, and its proximity to the Mojave National Preserve. The city is home to a variety of outdoor activities, including hiking, camping, fishing, and off-roading. It is also home to several shopping centers, restaurants, and other amenities.
According to Zillow, the median home value in Hesperia, California is $310,000. As of 2020, the population of Hesperia, California is estimated to be 93,295.
Experienced Real Estate Partition Action Attorneys Serving Hesperia
Talkov Law’s attorneys serving San Bernardino County are exceptionally experienced in the area of California partition actions. California partition actions allows for the partition of real property owned by two or more persons. This statute provides a legal mechanism for the division of real property when the owners cannot agree on how to divide the property. The partition statutes allow for the court to order the sale of the property and the division of the proceeds among the owners. The partition statutes also allows for the court to order the physical division of the property if it is feasible. The partition statutes also provide for the court to order the partition of the property by allotment, which is when the court assigns each owner a specific portion of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- 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.
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
Speak to Our Hesperia 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 (760) 999-3300 or contact us below to schedule a free, 15-minute consultation
Hammond v. Cailleaud – Partition Action Case Study
In the legal case of Hammond v. Cailleaud, 111 Cal. 206 (1896), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a piece of real estate. The plaintiff, Hammond, sought to partition the property, while the defendant, Cailleaud, argued that the property should not be divided. The court ultimately ruled in favor of Hammond, finding that the property should be partitioned. The court reasoned that, since the two co-owners had different interests in the property, it was in the best interests of both parties to divide the property. The court also noted that, since the two co-owners had different interests in the property, it was not possible to determine the exact value of each party’s interest in the property. As such, the court found that partition was the only way to ensure that each party received their fair share of the property.
Contact our Team of Experienced Partition Lawyers Serving the City of Hesperia 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 (760) 999-3300 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Hesperia also serve Oak Hills, Phelan, Victorville, Apple Valley, and Adelanto.