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. As of the 2020 United States Census, the population of the California area of Montclair was 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 provide a legal mechanism for co-owners of real property to divide the property among themselves. The partition statutes allow a co-owner to file a lawsuit in court to have the property divided, either physically or by sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
- 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.
- 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.
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 in the County of San Bernardino, 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 (909) 577-3300 or contact us online for a free consultation about your co-ownership issues.