Experienced Partition 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:
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
- 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 court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
Speak to Our Riverside Partition Attorneys Today
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Partition Actions in Riverside
Partitions are quite common in Riverside. 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.
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.
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 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.
Our partition attorneys in Riverside, California serve Riverside County and surrounding areas including Corona, Moreno Valley, San Bernardino, Fontana, Ontario, Rancho Cucamonga, Redlands, Temecula.