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. 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:
- 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.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- How does a partition action work in California?
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 also serve Arlington, Woodcrest, Orangecrest, Canyon Crest, La Sierra, Eastside, Downtown, and Jurupa Valley.