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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Who can file a partition action in California? Generally, any co-owner of real property can file 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.
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- 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.
- How does a partition action work in California?
Rancho Mirage is a city in Riverside County, California, located in the Coachella Valley. It is known for its luxury resorts, golf courses, and spas. The city is home to many celebrities, including former President Gerald Ford and his wife Betty Ford. The city is also home to the world-famous Mission Hills Country Club, which hosts the annual Bob Hope Classic golf tournament. The city is known for its beautiful desert landscape, with stunning views of the nearby Santa Rosa and San Jacinto Mountains. The city is also home to a variety of shopping, dining, and entertainment options.
Speak to Our Rancho Mirage 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
Thornber v. Colby – Partition Action Case Study
In the legal case of Thornber v. Colby, 2022 WL 1164207, C089687 (20-Apr-2022) , the partition issues revolve around the ownership of a piece of real estate. The plaintiff, Thornber, is the owner of a one-half interest in the property, while the defendant, Colby, is the owner of the other one-half interest. The dispute arises from the fact that Colby has been occupying the entire property, and has refused to allow Thornber access to his one-half interest. Thornber is seeking a court order to partition the property, which would require Colby to either give up his one-half interest or to allow Thornber access to his one-half interest. The court must decide whether to grant the partition order, and if so, how to divide the property between the two parties.
Frequently Asked Questions About Partitions in Rancho Mirage
How Much Does a Partition Action Cost in Rancho Mirage?
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 Rancho Mirage?
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 Rancho Mirage, 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 Rancho Mirage?
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 Rancho Mirage, County of Riverside, California
Our Rancho Mirage 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.
