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San Bernardino Partition Lawyer

Partition Actions in San Bernardino

San Bernardino is a city located in the Inland Empire region of Southern California. It is the county seat of San Bernardino County and the 17th largest city in California. The city is known for its rich history, diverse culture, and vibrant economy. San Bernardino is home to a variety of attractions, including the San Bernardino National Forest, the San Bernardino Valley College, and the San Manuel Indian Bingo and Casino. The city is also home to the world-famous Route 66, which runs through the city. San Bernardino is a great place to live, work, and play, and offers a variety of activities and amenities for its residents.

According to Zillow, the median home value in San Bernardino, California is $295,000 as of 2021. As of July 1, 2019, the population of San Bernardino, California was estimated to be 216,817.

Experienced Real Estate Partition Action Attorneys Serving San Bernardino

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:

  • 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.
  • What is a partition action and when is it necessary?
  • 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.
  • What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
  • 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).

Speak to Our San Bernardino 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

    Capuccio v. Caire – Partition Action Case Study

    In the legal case of Capuccio v. Caire, 189 Cal. 514 (1922), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a piece of real property. The plaintiff, Capuccio, sought to partition the property, while the defendant, Caire, argued that the property should not be partitioned. The court ultimately ruled in favor of Capuccio, finding that the property should be partitioned. The court held that the co-owners had a right to partition the property, and that the partition should be made in a manner that would be fair and equitable to both parties. The court also held that the partition should be made in a manner that would not cause unnecessary hardship to either party.

    Contact our Team of Experienced Partition Lawyers Serving the City of San Bernardino, County of San Bernardino, California

    Our San Bernardino 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 (909) 577-3300 or contact us online today.

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