Murrieta Partition Lawyer

Partition Actions in Murrieta

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.

According to Zillow, the median home value in Murrieta, California is $451,400 as of 2021. As of 2020, the population of the California area of Murrieta is estimated to be 111,844.

Experienced Real Estate Partition Action Attorneys Serving Murrieta

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 are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
  • 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.
  • Who pays for a partition action? In California, 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).
  • 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.
  • What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.

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.

    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 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.

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        Offices Throughout California

        Los Angeles Office
        10880 Wilshire Blvd Ste 1101
        Los Angeles, CA 90024
        Phone: (310) 496-3300

        Orange County Office
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        Newport Beach, CA 92660
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