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Riverside County Partition Lawyer

Partition Actions in Riverside County

Riverside County is a county located in the southern part of the U.S. state of California. As of the 2010 census, the population was 2,189,641, making it the fourth-most populous county in California and the 11th-most populous in the United States. The name was derived from the city of Riverside, which is the county seat. Riverside County is included in the Riverside-San Bernardino-Ontario, CA Metropolitan Statistical Area, also known as the Inland Empire. The county is also included in the Los Angeles-Long Beach, CA Combined Statistical Area.

According to Zillow, the median home value in Riverside County, California is $385,000 as of 2021. As of July 1, 2019, the population of Riverside County, California was 2,485,919.

Experienced Real Estate Partition Action Attorneys Serving Riverside County

Talkov Law’s attorneys serving Riverside 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 sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.

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

  • 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.
  • How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
  • 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.
  • Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
  • Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.

Speak to Our Riverside County 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 (951) 888-3300 or contact us below to schedule a free, 15-minute consultation

    Ahr v. Ahr – Partition Action Case Study

    In the legal case of Ahr v. Ahr, 153 Cal.App.2d 1 (1957), the issue was whether a partition of real property was valid. The plaintiff, Mrs. Ahr, had inherited a parcel of real property from her father. She and her husband, the defendant, had agreed to partition the property, with Mrs. Ahr receiving one-half of the property and her husband receiving the other half. However, the partition was not properly executed, as the deed was not recorded and the property was not physically divided. The court held that the partition was invalid, as it did not comply with the requirements of the law. The court also held that Mrs. Ahr was entitled to the entire property, as she was the sole owner of the property.

    Contact our Team of Experienced Partition Lawyers Serving the Riverside County County in the County of Riverside, 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 (951) 888-3300 or contact us online for a free consultation about your co-ownership issues.

    Talkov Law Riverside Office

    3610 Central Ave, Ste 400
    Riverside, CA 92506
    Phone: (951) 888-3300

     

     

    Our partition attorneys in Riverside County also serve Corona, Moreno Valley, Murrieta, Temecula, Perris, Hemet, Blythe, Menifee, Lake Elsinore, and San Jacinto.

    Talkov Law is Rated 5 out of 5 stars based on 52 customer reviews.

    Contact Us Today for a Free Consultation & Pay No Retainer

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