Experienced Partition Attorneys Serving Pomona
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in the area of California partition actions. 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 resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
- Who pays for a partition action? In California, 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).
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
Speak to Our Pomona Partition Attorneys Today
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Partition Actions in Pomona
Partitions are quite common in Pomona. According to Zillow, the median home value in Pomona, California is $420,000. As of 2020, the population of the California area of Pomona is estimated to be around 151,000.
Pomona is a city located in Los Angeles County, California. It is located in the Pomona Valley, between the Inland Empire and the San Gabriel Valley. The city is home to the Fairplex, which hosts the Los Angeles County Fair and the NHRA Auto Club Raceway at Pomona. The city is also home to the California State Polytechnic University, Pomona. The city is known for its diverse population and vibrant culture. The city is home to a variety of restaurants, shops, and entertainment venues, as well as a number of parks and recreational areas.
Demetris v. Demetris – Partition Action Case Study
In the legal case of Demetris v. Demetris, 125 Cal.App.2d 440 (1954), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a family-owned property. The siblings had inherited the property from their father, who had died without a will. The siblings had agreed to partition the property, but the agreement was never formalized. The court found that the siblings had an implied agreement to partition the property, and that the agreement was binding. The court also found that the siblings had a duty to partition the property in accordance with the agreement, and that the failure to do so constituted a breach of contract. The court ordered the siblings to partition the property in accordance with the agreement.
Contact our Team of Experienced Partition Lawyers Serving the City of Pomona in the County of Los Angeles, 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 (909) 577-3300 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Pomona, California serve Los Angeles County and surrounding areas including Chino, Diamond Bar, Claremont, La Verne, San Dimas, Montclair, Ontario, Upland.