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Lake Elsinore Partition Lawyer

Partition Actions in Lake Elsinore

Lake Elsinore is a city located in Riverside County, California. It is situated at the northern end of the Santa Ana Mountains and is bordered by the Cleveland National Forest. The city is known for its beautiful lake, Lake Elsinore, which is the largest natural freshwater lake in Southern California. The lake is a popular destination for fishing, boating, and other recreational activities. The city is also home to a variety of attractions, including the Lake Elsinore Storm baseball team, the Lake Elsinore Outlets, and the Lake Elsinore Casino. The city is a great place to live, work, and play, and offers a variety of activities and amenities for its residents.

According to Zillow, the median home value in Lake Elsinore, California is $399,000 as of 2021. As of 2020, the population of the California area of Lake Elsinore is estimated to be 66,890.

Experienced Real Estate Partition Action Attorneys Serving Lake Elsinore

Talkov Law’s attorneys serving Riverside 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 done 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:

  • Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
  • 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 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.
  • Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
  • 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.

Speak to Our Lake Elsinore 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 (951) 888-3300 or contact us below to schedule a free, 15-minute consultation

    Lang v. Lang – Partition Action Case Study

    In the legal case of Lang v. Lang, 182 Cal. 765 (1920), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a piece of real estate that had been inherited from their father. The siblings had agreed to divide the property into two equal parts, but the sister argued that the brother had taken more than his fair share of the property. The court ultimately ruled in favor of the brother, finding that the partition had been made in good faith and that the sister had failed to prove that the brother had taken more than his fair share. The court also noted that the partition had been made in accordance with the wishes of the father, and that the sister had failed to provide any evidence to the contrary.

    Contact our Team of Experienced Partition Lawyers Serving the City of Lake Elsinore, County of Riverside, California

    Our Lake Elsinore 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 (951) 888-3300 or contact us online today.

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