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. 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:
- 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.
- 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.
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
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 in the County of San Bernardino, 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.