Talkov Law’s attorneys serving San Bernardino County are exceptionally experienced in California partition actions and have conducted over 400 partitions 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? 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.
- 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 a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
- What is a partition action and when is it necessary?
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.
Speak to Our Ontario 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!
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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.
Frequently Asked Questions About Partitions in Ontario
How Much Does a Partition Action Cost in Ontario?
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 Ontario?
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 Ontario, 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 Ontario?
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 Ontario, County of San Bernardino, California
Our Ontario 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 (909) 577-3300 or contact us online today.