Experienced Partition 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:
- 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.
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
- 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.
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Partition Actions in San Bernardino
Partitions are quite common in San Bernardino. 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.
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.
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.
Our partition attorneys in San Bernardino, California serve San Bernardino County and surrounding areas including Riverside, Ontario, Fontana, Rialto, Highland, Redlands, Yucaipa, Colton, Loma Linda, Grand Terrace.