Hesperia Partition Lawyer

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. 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 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.
  • 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
  • When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.

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, County of San Bernardino, California

    Our Hesperia 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 (760) 999-3300 or contact us online today.

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