Needles Real Estate Partition Lawyer
Talkov Law’s attorneys serving San Bernardino County are exceptionally experienced in California partition actions and have conducted over 450 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:
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- 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.
- 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 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.
- 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.
Needles is a small city located in the Mojave Desert in San Bernardino County, California. It is situated on the western banks of the Colorado River, near the Arizona border. The city is known for its hot summers and mild winters, and is a popular destination for outdoor activities such as fishing, boating, and camping. Needles is also home to the historic Route 66, which runs through the city. The city is home to a variety of attractions, including the Needles Regional Museum, the Needles Desert Star Drive-In, and the Needles Aquatic Center. Needles is also home to a variety of restaurants, shops, and other businesses.
Speak to Our Needles Partition Attorneys Today
Call our San Bernardino County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (760) 999-3300 or contact us below to schedule a free, 15-minute consultation
Jamison v. Jamison – Partition Action Case Study
In the legal case of Jamison v. Jamison, 2004 WL 2827703, F043100 (9-Dec-2004) , the partition issues revolved around the division of a family-owned property. The property in question was owned by the parties’ parents, who had passed away. The parties had agreed to divide the property, but the agreement was not legally binding. The court had to decide how to divide the property in a fair and equitable manner. The court considered the parties’ respective contributions to the property, the value of the property, and the parties’ respective needs. Ultimately, the court decided to divide the property in a way that was fair and equitable to both parties.
Frequently Asked Questions About Partitions in Needles
How Much Does a Partition Action Cost in Needles?
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 Needles?
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 Needles, 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 Needles?
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 Needles, County of San Bernardino, California
Our Needles 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 (760) 999-3300 or contact us online today.
Serving Areas Throughout California
Bullhead City, Lake Havasu City, Laughlin, Kingman, Barstow, Victorville, Apple Valley, Hesperia, Adelanto, Baker, Mohave Valley, AZ, Fort Mohave, NV, and Topock
