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 allows for the division of real property owned by two or more persons. This statute allows for the court to order the sale of the property and the division of the proceeds among the owners. The court may also order the property to be physically divided among the owners. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the court finds that a physical division of the property would be impractical or inequitable. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property. The legal effect of the California partition statute is that it allows for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

  • 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.
  • How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
  • 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.
  • 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 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.

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.

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        Offices Throughout California

        Los Angeles Office
        10880 Wilshire Blvd Ste 1101
        Los Angeles, CA 90024
        Phone: (310) 496-3300

        Orange County Office
        4000 MacArthur Blvd Ste 655
        Newport Beach, CA 92660
        Phone: (949) 888-8800

        San Jose Office
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        San Jose, CA 95113
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        San Diego, CA 92130
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        San Francisco, CA 94111
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        Riverside, CA 92506
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        Sacramento, CA 95814
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        The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.