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. 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 of the partition statutes is that it provides 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:

  • Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
  • How does a partition action work in California?
  • Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
  • What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
  • 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.

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, County of Riverside, California

    Our Temecula 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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