Palm Springs Partition Lawyer

Partition Actions in Palm Springs

Palm Springs is a desert resort city in Riverside County, California, United States, within the Coachella Valley. It is located approximately 55 miles (89 km) east of San Bernardino, 107 miles (172 km) east of Los Angeles, 123 miles (198 km) northeast of San Diego, and 268 miles (431 km) west of Phoenix, Arizona. Palm Springs covers approximately 94 square miles (240 km2), making it the largest city in Riverside County by land area. Palm Springs is a popular destination for tourists, offering a variety of activities and attractions. The city is known for its hot springs, golf courses, spas, and mid-century modern architecture. It is also home to the Palm Springs International Film Festival and the Palm Springs Aerial Tramway, the world’s largest rotating tram car. The city is also known for its many fine restaurants, art galleries, and shopping opportunities.

According to Zillow, the median home value in Palm Springs, California is $440,000. As of 2019, the population of the Palm Springs, California area is estimated to be 48,821.

Experienced Real Estate Partition Action Attorneys Serving Palm Springs

Talkov Law’s attorneys serving Riverside County are exceptionally experienced in the area of California partition actions. California partition actions allows for the division of real property among co-owners. This statute provides a legal mechanism for co-owners to divide their real property into separate interests. The partition statutes allow for the court to order a partition of the property, either by physically dividing the property or by selling the property and dividing the proceeds among the co-owners. The partition statutes also provide for the court to award damages to any co-owner who has been wrongfully excluded from the property. The partition statutes also allows for the court to award attorney’s fees and costs to the prevailing party.

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.
  • 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.
  • What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
  • What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
  • How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.

Speak to Our Palm Springs 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

    Pacific Bank v. Hannah – Partition Action Case Study

    In the legal case of Pacific Bank v. Hannah, 90 F. 72 (1898), the issue of partition was at the center of the dispute. The case involved a dispute between the Pacific Bank and Hannah, a widow, over the ownership of a parcel of land. The land had been owned by Hannah’s late husband, who had died without a will. Under the law of the state of California, the land was to be divided equally between Hannah and the Pacific Bank, as the two parties had an equal interest in the property. However, the Pacific Bank argued that the land should be partitioned in a way that would give them a larger share of the land. The court ultimately ruled in favor of Hannah, finding that the Pacific Bank was not entitled to a larger share of the land. The court held that the law of the state of California required that the land be divided equally between the two parties.

    Contact our Team of Experienced Partition Lawyers Serving the City of Palm Springs, County of Riverside, California

    Our Palm Springs partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law 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 at (760) 999-3300 or contact us online today.

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