Talkov Law’s attorneys serving Riverside County are exceptionally experienced in California partition actions and have conducted over 430 partitions for our satisfied clients. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- 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 Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
Murrieta is a city located in southwestern Riverside County, California. It is situated in the heart of the Temecula Valley, just south of the city of Temecula. Murrieta is known for its mild climate, excellent schools, and safe neighborhoods. The city is home to a variety of businesses, including technology, medical, and retail. Murrieta is also home to several parks, trails, and recreational facilities. The city is a popular destination for outdoor activities, such as hiking, biking, and horseback riding. Murrieta is also home to several wineries, golf courses, and other attractions.
Speak to Our Murrieta 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
Fonner v. Martens – Partition Action Case Study
In the legal case of Fonner v. Martens, 186 Cal. 623 (1921), the issue was whether a partition of a parcel of land was valid. The plaintiff, Fonner, owned a parcel of land with two other individuals, Martens and another. Martens and the other individual agreed to partition the land, with Martens taking the northern portion and the other individual taking the southern portion. Fonner was not consulted or informed of the partition, and he argued that the partition was invalid because it was not done with his consent. The court ultimately held that the partition was valid, as Fonner had not objected to the partition in a timely manner.
Frequently Asked Questions About Partitions in Murrieta
How Much Does a Partition Action Cost in Murrieta?
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 Murrieta?
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 Murrieta, 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 Murrieta?
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 Murrieta, County of Riverside, California
Our Murrieta 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
Temecula, Menifee, Wildomar, Lake Elsinore, Hemet, San Jacinto, and Winchester
