Talkov Law’s attorneys serving Imperial County are exceptionally experienced in California partition actions and have conducted over 450 for our satisfied clients. California partition actions allows for the division of real property owned by two or more persons. This statute allows for the court to order the sale of the property and the division of the proceeds among the owners. The court may also order the property to be physically divided among the owners. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the court finds that a physical division of the property would be impractical or inequitable. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property. The legal effect of the California partition statute is that it allows for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- 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 type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- 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.
Holtville is a small city located in Imperial County, California. It is situated in the Imperial Valley, about 11 miles east of El Centro. The city has a population of 5,939, according to the 2010 census. Holtville is known for its agricultural production, particularly of lettuce, carrots, and onions. It is also home to the Holtville Carrot Festival, which is held annually in March. The city is served by the Holtville Unified School District, which includes two elementary schools, one middle school, and one high school. Holtville is also home to the Imperial Valley College, which offers a variety of educational programs. The city is served by the Holtville Airport, which is located just outside of town.
Speak to Our Holtville Partition Attorneys Today
Call our Imperial County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
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Leyva v. Ortiz – Partition Action Case Study
In the legal case of Leyva v. Ortiz, 2023 WL 329331, C095423 (20-Jan-2023) , the issue of partition was at the center of the dispute. The plaintiff, Leyva, owned a parcel of land that was jointly owned with the defendant, Ortiz. Leyva sought to partition the land, meaning that the two parties would divide the land into two separate parcels. Ortiz, however, refused to agree to the partition, claiming that the land was not divisible and that it should remain as one parcel. The court ultimately ruled in favor of Leyva, finding that the land was divisible and that the partition should be allowed. The court also ordered Ortiz to pay Leyva’s legal fees. The case highlights the importance of partition in property disputes and the need for parties to agree to a partition in order to avoid costly litigation.
Frequently Asked Questions About Partitions in Holtville
How Much Does a Partition Action Cost in Holtville?
The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.
Who Can File a Partition Action in Holtville?
A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.
Who Pays for a Partition Action?
In Holtville, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
Can a Partition Action Be Stopped in Holtville?
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.
Contact our Team of Experienced Partition Lawyers Serving the City of Holtville, County of Imperial, California
Our Holtville partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov Law Partition Attorneys 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 (760) 999-3300 or contact us online today.
