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. The population of the San Jacinto area of California is 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. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect is that these statutes provide a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- 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.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- 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.
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, call (951) 888-3300 or contact us online today.
Our partition attorneys in San Jacinto also serve Hemet, Beaumont, Banning, Moreno Valley, Perris, Menifee, Murrieta, Temecula, Valle Vista, Soboba Hot Springs, and Idyllwild