Talkov Law’s attorneys serving Riverside 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not feasible, it may order the property to be sold and the proceeds divided among the co-owners.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
- 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
- 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.
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
Palm Desert is a city in Riverside County, California, located in the Coachella Valley. It is a popular destination for golfers, hikers, and outdoor enthusiasts. The city is known for its warm climate, with temperatures rarely dropping below 60 degrees Fahrenheit. Palm Desert is home to a variety of shopping, dining, and entertainment options, as well as a number of resorts and spas. The city is also home to the Living Desert Zoo and Gardens, a wildlife sanctuary and botanical garden.
Speak to Our Palm Desert 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 (760) 999-3300 or contact us below to schedule a free, 15-minute consultation
Murphy v. Superior Court of Los Angeles County – Partition Action Case Study
In the legal case of Murphy v. Superior Court of Los Angeles County, 138 Cal. 69 (1902), the issue of partition was at the center of the case. The plaintiff, Murphy, was the owner of a parcel of land in Los Angeles County, which he had inherited from his father. Murphy’s father had divided the land into two parts, one for Murphy and one for his brother. However, Murphy’s brother had died without leaving a will, and the land had not been partitioned. Murphy sought to have the court partition the land, so that he could receive his share. The court denied Murphy’s request, ruling that the land could not be partitioned without the consent of all the heirs. This decision was appealed to the California Supreme Court, which reversed the lower court’s ruling and held that the land could be partitioned without the consent of all the heirs. The court held that partition was a matter of right, and that the court had the power to order partition even without the consent of all the heirs.
Frequently Asked Questions About Partitions in Palm Desert
How Much Does a Partition Action Cost in Palm Desert?
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 Palm Desert?
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 Palm Desert, 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 Palm Desert?
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 Palm Desert, County of Riverside, California
Our Palm Desert 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.
