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Riverside Partition Lawyer

Partition Actions in Riverside

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.

According to Zillow, the median home value in Riverside, California is $372,400 as of 2021. As of July 1, 2019, the population of the Riverside, California area was 2,521,303.

Experienced Real Estate Partition Action Attorneys Serving Riverside

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:

  • 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).
  • How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
  • How does a partition action work in California?
  • 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 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 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.

    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 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 (951) 888-3300 or contact us online today.

    Talkov Law Riverside Office

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

     

     

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