San Jacinto Partition Lawyer

Partition Actions in San Jacinto

San Jacinto is a city located in Riverside County, California. It is situated in the San Jacinto Valley, approximately 60 miles east of Los Angeles. The city is known for its rich history and diverse culture. San Jacinto is home to a variety of attractions, including the San Jacinto Mountains, the Soboba Casino, and the San Jacinto Wildlife Area. The city is also home to a number of parks, trails, and recreational facilities, making it a great place to explore the outdoors. San Jacinto is a great place to live, work, and play, and is a great destination for those looking for a unique and exciting experience.

According to Zillow, the median home value in San Jacinto, California is $310,000. As of the 2020 United States Census, the population of the San Jacinto area of California was 44,199.

Experienced Real Estate Partition Action Attorneys Serving San Jacinto

Talkov Law’s attorneys serving Riverside 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not feasible, it may order the property to be sold and the proceeds divided among the co-owners.

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

  • Can a partition action be stopped? Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
  • 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.
  • How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
  • What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
  • 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 Jacinto Partition Attorneys Today

Call our Riverside County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (951) 888-3300 or contact us below to schedule a free, 15-minute consultation

    Oliver v. Sperry – Partition Action Case Study

    In the legal case of Oliver v. Sperry, 220 Cal. 327 (1934), the issue was whether a partition of real property was valid. The plaintiff, Oliver, owned a parcel of land with his brother, Sperry. The two brothers had agreed to divide the land into two separate parcels, with Oliver taking the northern portion and Sperry taking the southern portion. However, Sperry had failed to record the partition agreement, and Oliver had subsequently sold the entire parcel to a third party. The court held that the partition agreement was valid and enforceable, despite Sperry’s failure to record it. The court reasoned that the partition agreement was a contract between the two brothers, and that the failure to record it did not invalidate the agreement. The court also held that the third party was not a bona fide purchaser, as they had not taken reasonable steps to ascertain the title of the property before purchasing it.

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

    Our San Jacinto 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 (951) 888-3300 or contact us online today.

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