Partition Actions in Rialto
Rialto is a city located in San Bernardino County, California. It is located in the Inland Empire region of the state, and is part of the Greater Los Angeles Area. The city is the 17th most populous city in California. Rialto is known for its diverse population, with a large Hispanic population, as well as a large African American population. The city is also home to a number of industrial and commercial businesses, as well as a number of parks and recreational areas. Rialto is a great place to live, work, and play, and is a great place to visit for its many attractions.
According to Zillow, the median home value in Rialto, California is $323,400 as of 2021. The population of the California area of Rialto is estimated to be around 99,826 people.
Experienced Real Estate Partition Action Attorneys Serving Rialto
Talkov Law’s attorneys serving San Bernardino 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 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:
- How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- 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.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
Speak to Our Rialto Partition Attorneys Today
Call our San Bernardino County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (909) 577-3300 or contact us below to schedule a free, 15-minute consultation
Gordon v. Nichols – Partition Action Case Study
In the legal case of Gordon v. Nichols, 86 Cal.App.2d 571 (1948), the issue was whether a partition of real property could be made between two co-owners. The plaintiff, Gordon, owned a one-half interest in a parcel of real property with the defendant, Nichols, owning the other half. Gordon sought to partition the property, but Nichols objected, arguing that the property was not susceptible to partition. The court held that the property was susceptible to partition, and that the partition should be made in accordance with the provisions of the California Code of Civil Procedure. The court also held that the partition should be made in such a way as to ensure that each co-owner received an equal share of the property.
Contact our Team of Experienced Partition Lawyers Serving the City of Rialto, County of San Bernardino, California
Our Rialto 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, call (909) 577-3300 or contact us online today.
Our partition attorneys in Rialto also serve San Bernardino, Fontana, Colton, Bloomington, Highland, and Riverside
