Talkov Law’s attorneys serving Riverside County are exceptionally experienced in California partition actions and have conducted over 400 partitions for our satisfied clients. 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:
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
- 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.
- What is a partition action and when is it necessary?
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
- 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.
Riverside is a city in Southern California located in the Inland Empire region of the state. It is the county seat of Riverside County and is the 12th most populous city in California. Riverside is known for its historic downtown, the Mission Inn, and the University of California, Riverside. The city is home to a variety of attractions, including the Fox Performing Arts Center, the Riverside Metropolitan Museum, and the Riverside National Cemetery. The city is also home to a number of parks, including Fairmount Park, Mount Rubidoux, and the Santa Ana River Trail. Riverside is a great place to live, work, and play.
Speak to Our Riverside 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
Bradley v. Scully – Partition Action Case Study
In the legal case of Bradley v. Scully, 255 Cal.App.2d 101 (1967), the issue was whether a partition of real property was proper. The plaintiff, Bradley, owned a parcel of real property with his brother, Scully. Bradley sought to partition the property, but Scully objected, arguing that the partition would be inequitable. The court found that the partition was proper, but that the partition should be made in such a way that the value of the property was not diminished. The court also found that the partition should be made in such a way that the interests of both parties were taken into account.
Frequently Asked Questions About Partitions in Riverside
How Much Does a Partition Action Cost in Riverside?
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 Riverside?
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 Riverside, 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 Riverside?
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 Riverside, County of Riverside, California
Our Riverside 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 (951) 888-3300 or contact us online today.
Talkov Law Riverside Office
3610 Central Ave #400
Riverside, CA 92506
Phone: (951) 888-3300
Serving Areas Throughout California
Corona, Moreno Valley, San Bernardino, Fontana, Ontario, Rancho Cucamonga, Redlands, Temecula, Arlington, Woodcrest, Orangecrest, Canyon Crest, La Sierra, Eastside, Downtown, and Jurupa Valley
