Partition Actions in San Bernardino County
San Bernardino County is located in the southern portion of California, east of Los Angeles. It is the largest county in the state by area, covering over 20,000 square miles. The county is home to over 2 million people, making it the fifth most populous county in the state. The county seat is San Bernardino, the largest city in the county. The county is home to a variety of landscapes, from the Mojave Desert to the San Bernardino Mountains. It is also home to a number of national parks, including Joshua Tree National Park and Death Valley National Park. The county is known for its diverse economy, which includes agriculture, manufacturing, and tourism.
According to Zillow, the median home value in San Bernardino County, California is $320,000 as of 2021. The population of San Bernardino County, California is 2,170,110.
Experienced Real Estate Partition Action Attorneys Serving San Bernardino County
Talkov Law’s attorneys serving San Bernardino 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:
- 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.
- What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- 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.
Speak to Our San Bernardino County Partition Attorneys Today
Call our San Bernardino County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (909) 577-3300 or contact us below to schedule a free, 15-minute consultation
Akagi v. Ishioka – Partition Action Case Study
In the legal case of Akagi v. Ishioka, 47 Cal.App.3d 426 (1975), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a single-family residence in Los Angeles. The two co-owners, Akagi and Ishioka, had inherited the property from their deceased father. Akagi wanted to partition the property, while Ishioka wanted to keep it as a single unit. The court ultimately ruled in favor of Akagi, finding that the partition was necessary to protect the interests of both parties. The court also noted that the partition would not cause any significant harm to Ishioka, as the property was already divided into two separate units. The court also noted that the partition would not cause any significant financial harm to either party, as the value of the property would remain the same.
Contact our Team of Experienced Partition Lawyers Serving San Bernardino County, California
Our San Bernardino County 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, call (909) 577-3300 or contact us online today.
Our partition attorneys in San Bernardino County also serve San Bernardino, Fontana, Rancho Cucamonga, Ontario, Victorville, Rialto, Hesperia, Chino, Chino Hills, Upland, Riverside, Redlands, Highland, Yucaipa, Big Bear Lake, and Needles
