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Temecula Partition Lawyer

Partition Actions in Temecula

Temecula is a city in southwestern Riverside County, California, United States. The city is a tourist and resort destination, with the Temecula Valley Wine Country, Old Town Temecula, the Temecula Valley Polo Club, the Temecula Valley Balloon & Wine Festival, the Temecula Valley International Film Festival, championship golf courses, and resort accommodations for visitors. Temecula is also home to several wineries, a casino resort, and Old Town Temecula, a historic district with restaurants, shops, and a historic theater. The city is known for its mild climate, with warm, dry summers and mild, wet winters.

According to Zillow, the median home value in Temecula, California is $521,400 as of 2021. As of 2020, the population of the Temecula area of California is estimated to be 112,979.

Experienced Real Estate Partition Action Attorneys Serving Temecula

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 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 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.
  • 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.
  • 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.
  • What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
  • How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.

Speak to Our Temecula 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

    Forrest v. Elam – Partition Action Case Study

    In the legal case of Forrest v. Elam, 88 Cal.App.3d 164 (1979), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, Forrest, sought to partition the property, while the defendant, Elam, argued that partition was not appropriate. The court ultimately held that partition was not appropriate in this case, as the parties had agreed to a joint tenancy, which precluded partition. The court also noted that the parties had not agreed to a partition agreement, and that the plaintiff had failed to show that partition was necessary to protect his interests. The court also noted that the parties had not agreed to a partition agreement, and that the plaintiff had failed to show that partition was necessary to protect his interests. The court also noted that the parties had not agreed to a partition agreement, and that the plaintiff had failed to show that partition was necessary to protect his interests.

    Contact our Team of Experienced Partition Lawyers Serving the City of Temecula in the County of Riverside, 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 (951) 888-3300 or contact us online for a free consultation about your co-ownership issues.

    Our partition attorneys in Temecula also serve Murrieta, Menifee, Wildomar, Lake Elsinore, and Hemet.

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