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Moreno Valley Partition Lawyer

Partition Actions in Moreno Valley

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.

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.

Experienced Real Estate Partition Action 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:

  • Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
  • Can a partition action be stopped? 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.
  • Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
  • How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
  • 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.

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.

    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 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 at (951) 888-3300 or contact us online today.

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