
Experienced Partition Attorneys Serving Imperial County
Talkov Law’s attorneys serving Imperial 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:
- 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.
- What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
- 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.
- 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.
- Who pays for a partition action? In California, 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).
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Partition Actions in Imperial County
Partitions are quite common in Imperial County. According to Zillow, the median home value in Imperial County, California is $212,400 as of 2021. As of July 1, 2019, the population of Imperial County, California was 181,346.
Imperial County is a county located in the southeastern corner of the U.S. state of California. It is part of the Imperial Valley, which is a region of the Colorado Desert. The county seat is El Centro. Imperial County is the fourth-largest county in California by area, and the 11th-largest by population. It is the most economically disadvantaged county in California, with a median household income of $35,817 in 2019. The county is home to a large agricultural industry, as well as a number of military installations. It is also home to the Salton Sea, a large saline lake located in the Imperial Valley.

Clifford v. Tarcha – Partition Action Case Study
In the legal case of Clifford v. Tarcha, Not Reported in Cal.Rptr.2d (2002), the issue of partition was at the center of the dispute. The parties were arguing over the division of a parcel of real property that had been owned by the deceased father of the parties. The court had to determine whether the property should be divided into two separate parcels or if it should remain as one parcel. The court also had to decide if the parties should be allowed to partition the property in a manner that would be beneficial to both parties. The court ultimately ruled that the property should remain as one parcel and that the parties should not be allowed to partition it. The court reasoned that the partition would be too costly and would not be in the best interests of either party.
Contact our Team of Experienced Partition Lawyers Serving the Imperial County County in the County of Imperial, 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 Imperial County also serve the nearby areas of Imperial, San Diego, Riverside, Orange, Los Angeles including El Centro, Calexico, Brawley, Imperial, Holtville, Calipatria, Westmorland, Seeley, Heber