Talkov Law’s attorneys serving Riverside County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. 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 also provide a way for co-owners to force the sale of the property if they cannot agree on how to divide it. The partition statutes also set out the procedures for the sale of the property and how the proceeds of the sale will be divided among the co-owners. The partition statutes also provide for the payment of costs associated with the sale of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What is a partition action and when is it necessary?
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code 872.020.
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- 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.
- 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.
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.
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.
Frequently Asked Questions About Partitions in Palm Springs
How Much Does a Partition Action Cost in Palm Springs?
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 Springs?
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 Springs, 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 Springs?
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 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 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.