Ontario Partition Lawyer

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. 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:

• 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.
• 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.
• 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.
• 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 will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.