Partition Actions in Montclair
Montclair is a city located in the San Bernardino County of California. It is situated in the foothills of the San Gabriel Mountains and is part of the Inland Empire region. The city is known for its diverse population and its many parks and recreational areas. Montclair is home to a variety of businesses, including retail stores, restaurants, and entertainment venues. The city is also home to a number of educational institutions, including the University of California, Riverside and Chaffey College. Montclair is a great place to live, work, and play, and is a great place to raise a family.
According to Zillow, the median home value in Montclair, California is $395,000. The population of the California area of Montclair is estimated to be 36,664.
Experienced Real Estate Partition Action Attorneys Serving Montclair
Talkov Law’s attorneys serving San Bernardino County are exceptionally experienced in the area of California partition actions. 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:
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
- What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- 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.
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
Speak to Our Montclair Partition Attorneys Today
Call our San Bernardino County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (909) 577-3300 or contact us below to schedule a free, 15-minute consultation
Reas v. Clemence – Partition Action Case Study
In the legal case of Reas v. Clemence, 173 Cal. 106 (1916), the issue was whether a partition of real property was valid. The plaintiff, Reas, owned a parcel of land with two other individuals, Clemence and another. The three parties agreed to divide the land into three equal parts, with each party receiving one part. However, the partition was not done in accordance with the law, as it did not involve a court order or a surveyor. The court found that the partition was invalid, as it did not comply with the law. The court also found that the partition was not binding on the other two parties, as they had not agreed to it. The court held that the partition was not valid and that the plaintiff was not entitled to any of the land.
Contact our Team of Experienced Partition Lawyers Serving the City of Montclair, County of San Bernardino, California
Our Montclair 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 (909) 577-3300 or contact us online today.
Our partition attorneys in Montclair also serve Ontario, Claremont, Pomona, Upland, Chino, and Rancho Cucamonga
