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:
- 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.
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
- 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.
- 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.
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 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.