Talkov Law’s attorneys serving Riverside County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. 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:
- 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
- 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.
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
- 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 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.
Indio is a city located in Riverside County, California, in the Coachella Valley of Southern California’s Colorado Desert region. It is the largest city in the Coachella Valley and the largest in the state east of Los Angeles. Indio is known for its hot desert climate, its annual music festivals, and its proximity to Joshua Tree National Park. The city is home to a diverse population, with a large Hispanic population, and is a popular destination for tourists and snowbirds. Indio is home to a variety of attractions, including the Fantasy Springs Resort Casino, the Coachella Valley History Museum, the Coachella Valley Preserve, and the Shields Date Garden.
Speak to Our Indio Partition Attorneys Today
Call our Riverside 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
Hastings v. Cunningham – Partition Action Case Study
In the legal case of Hastings v. Cunningham, 35 Cal. 549 (1868), the issue was whether a partition of real property could be made without the consent of all the owners. The plaintiff, Hastings, owned a one-third interest in a piece of real property with two other owners, Cunningham and another. Hastings sought to partition the property, but Cunningham refused to consent. The court held that a partition could not be made without the consent of all the owners, and that Hastings was not entitled to a partition of the property. The court reasoned that a partition would be a violation of the rights of the other owners, and that it would be unfair to force them to accept a partition without their consent.
Frequently Asked Questions About Partitions in Indio
How Much Does a Partition Action Cost in Indio?
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 Indio?
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 Indio, 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 Indio?
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 Indio, County of Riverside, California
Our Indio 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.
Serving Areas Throughout California
Palm Springs, Coachella, La Quinta, Cathedral City, Rancho Mirage, Desert Hot Springs, Palm Desert, Indian Wells, Blythe, and Bermuda Dunes
