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 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.
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- 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.
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
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 in the County of Riverside, 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 (760) 999-3300 or contact us online for a free consultation about your co-ownership issues.