Experienced Partition Attorneys Serving Moreno Valley
Talkov Law’s attorneys serving Riverside 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:
- 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.
- 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.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- 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.
- 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.
Speak to Our Moreno Valley Partition Attorneys Today
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Call us at (951) 888-3300
Partition Actions in Moreno Valley
Partitions are quite common in Moreno Valley. According to Zillow, the median home value in Moreno Valley, California is $335,000. As of 2020, the population of Moreno Valley, California is estimated to be 207,941.
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.
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.
Contact our Team of Experienced Partition Lawyers Serving the City of Moreno Valley in the County of Riverside, 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 (951) 888-3300 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Moreno Valley, California serve Riverside County and surrounding areas including Riverside, Perris, Hemet, San Jacinto, Beaumont, Banning, Redlands, Yucaipa, Colton, Grand Terrace.