Partition Actions in Ontario
Ontario is a city located in southwestern San Bernardino County, California, United States, 35 miles (56 km) east of downtown Los Angeles. It lies in the western part of the Inland Empire region and is the second-largest city in the region, after Riverside. It is the county’s fourth most populous city after San Bernardino, Fontana, and Rancho Cucamonga. Ontario is home to the Ontario International Airport, which is the 15th busiest airport in the United States by cargo volume. It is also home to the Ontario Mills shopping mall, one of the largest shopping malls in the country. The city is home to several major employers, including the Ontario International Airport, Ontario Mills, and the Ontario Medical Center. It is also home to several universities, including the University of La Verne, California State University, San Bernardino, and the University of California, Riverside.
According to Zillow, the median home value in Ontario, California is $399,000. The population of the California area of Ontario is approximately 1,000 people.
Experienced Real Estate Partition Action Attorneys Serving Ontario
Talkov Law’s attorneys serving San Bernardino 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 I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
- 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.
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
Clark v. Roller – Partition Action Case Study
In the legal case of Clark v. Roller, 199 U.S. 541 (1905), the issue was whether a partition of land could be made between two parties without the consent of the other. The case involved two brothers, William and John Roller, who owned a tract of land in common. William wanted to partition the land, but John refused to consent. William then sought a partition of the land through a court action. The Supreme Court held that a partition of land could not be made without the consent of both parties, and that the court could not order a partition without the consent of both parties. The Court reasoned that a partition of land was a matter of contract between the parties, and that the court could not interfere with the contractual rights of the parties.
Contact our Team of Experienced Partition Lawyers Serving the City of Ontario in the County of San Bernardino, 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 (909) 577-3300 or contact us online for a free consultation about your co-ownership issues.