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. The population of San Bernardino, California is 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 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.
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
- 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.
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
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, call (909) 577-3300 or contact us online today.
Our partition attorneys in San Bernardino also serve Riverside, Ontario, Fontana, Rialto, Highland, Redlands, Yucaipa, Colton, Loma Linda, and Grand Terrace
