Rialto Partition Lawyer

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. As of 2020, 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. 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

  • 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 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 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 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 I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.

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 at (909) 577-3300 or contact us online today.

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