Menifee Partition Lawyer

Partition Actions in Menifee

Menifee is a city located in Riverside County, California. It is situated in the foothills of the Santa Rosa Mountains, and is part of the Inland Empire metropolitan area. The city is known for its rural atmosphere and outdoor recreation opportunities. Menifee is home to a variety of parks, trails, and golf courses, as well as a number of shopping and dining options. The city is also home to a number of educational institutions, including Mt. San Jacinto College and California State University San Marcos.

According to Zillow, the median home value in Menifee, California is $399,000. As of 2020, the population of the California area of Menifee is estimated to be around 95,945.

Experienced Real Estate Partition Action Attorneys Serving Menifee

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 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:

  • What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
  • 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).
  • 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.
  • How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
  • 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.

Speak to Our Menifee 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

    Harless v. Greene – Partition Action Case Study

    In the legal case of Harless v. Greene, 116 Cal.App.2d 911 (1953), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, Harless, sought to partition the property, while the defendant, Greene, argued that partition was not appropriate. The court ultimately held that partition was not appropriate in this case, as the parties had agreed to a joint tenancy, and the court found that partition would be contrary to the parties’ agreement. The court also found that partition would be inequitable, as it would result in a disproportionate division of the property. The court also noted that partition would be impractical, as it would require the sale of the property, which would be difficult to accomplish in the current market.

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

    Our Menifee 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, call (951) 888-3300 or contact us online today.

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        Los Angeles, CA 90024
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