Highland Partition Lawyer

Partition Actions in Highland

Highland is a city located in San Bernardino County, California. It is situated in the San Bernardino Mountains, east of San Bernardino and Redlands. The city is known for its beautiful mountain views, outdoor recreation, and small-town charm. Highland is home to the San Manuel Indian Bingo and Casino, as well as the San Manuel Amphitheater, which hosts a variety of concerts and events. The city is also home to the San Bernardino County Fairgrounds, which hosts a variety of events throughout the year. Highland is a great place to live, work, and play, and offers a variety of activities for all ages.

According to Zillow, the median home value in Highland, California is $346,400 as of 2021. As of the 2020 United States Census, the population of the California area of Highland was 53,104.

Experienced Real Estate Partition Action Attorneys Serving Highland

Talkov Law’s attorneys serving San Bernardino County are exceptionally experienced in the area of California partition actions. 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not feasible, it may order the property to be sold and the proceeds divided among the co-owners.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

• 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.
• Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
• What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
• Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
• 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.