Experienced Partition 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.
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 type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- 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).
- What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
Speak to Our San Bernardino County Partition Attorneys Today
End your co-ownership in San Bernardino County today. You don’t pay until the house is sold!
Call us at (909) 577-3300
Partition Actions in San Bernardino County
Partitions are quite common in San Bernardino County. According to Zillow, the median home value in San Bernardino County, California is $320,000 as of 2021. As of July 1, 2019, the population of San Bernardino County, California was 2,170,110.
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.
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 the San Bernardino County County in the County of San Bernardino, 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 (909) 577-3300 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in San Bernardino County also serve the nearby areas of Riverside County, Los Angeles County, Orange County, Inyo County, Kern County including San Bernardino, Fontana, Rancho Cucamonga, Ontario, Victorville, Rialto, Hesperia, Chino, Chino Hills, Upland
