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 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:
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code 872.020.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- 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.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
Moreno Valley is a city located in Riverside County, California. It is situated in the Inland Empire region of Southern California, and is part of the Greater Los Angeles Area. The city is the second-largest city in Riverside County. Moreno Valley is known for its diverse population, its excellent schools, and its proximity to major attractions such as Disneyland and Universal Studios. The city is also home to a number of parks, trails, and recreational areas, making it a great place to live and visit.
Speak to Our Moreno Valley 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
Carpenter v. Laing – Partition Action Case Study
In the legal case of Carpenter v. Laing, 108 Cal.App.2d 892 (1951), the issue of partition arose when the parties disagreed over the division of a parcel of real property. The plaintiff, Carpenter, owned a one-half interest in the property, while the defendant, Laing, owned the other half. The parties had agreed to partition the property, but Laing refused to do so, claiming that the property was not susceptible to partition. The court found that the property was indeed susceptible to partition, and ordered Laing to comply with the agreement. The court also held that Laing was liable for damages for his refusal to comply with the agreement.
Frequently Asked Questions About Partitions in Moreno Valley
How Much Does a Partition Action Cost in Moreno Valley?
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 Moreno Valley?
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 Moreno Valley, 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 Moreno Valley?
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 Moreno Valley, County of Riverside, California
Our Moreno Valley 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 (951) 888-3300 or contact us online today.
Serving Areas Throughout California
Riverside, Perris, Hemet, San Jacinto, Beaumont, Banning, Redlands, Yucaipa, Colton, Grand Terrace, Sunnymead Ranch, Edgemont, Box Springs, Canyon Springs, and Moreno
