Partition Actions in Upland
Upland is a city located in San Bernardino County, California. It is situated at the foothills of the San Gabriel Mountains and is part of the Greater Los Angeles Area. Upland is known for its historic downtown area, which features a variety of shops, restaurants, and entertainment venues. The city is also home to several parks, including the Upland Memorial Park and the Upland Hills Golf Course. Upland is a great place to live, work, and play, offering a variety of activities and attractions for all ages.
According to Zillow, the median home value in Upland, California is $521,400 as of 2021. As of 2020, the population of the California area of Upland is estimated to be 75,937.
Experienced Real Estate Partition Action Attorneys Serving Upland
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:
- 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 are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
Kaneda v. Kaneda – Partition Action Case Study
In the legal case of Kaneda v. Kaneda, 235 Cal.App.2d 404 (1965), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their father’s estate. The siblings had inherited the estate upon their father’s death, and the court was tasked with determining how to divide the estate between them. The court found that the siblings had a right to partition the estate, but that the partition should be done in a manner that was fair and equitable to both parties. The court also found that the siblings had a duty to cooperate in the partition process, and that any disputes should be resolved through mediation or arbitration. Ultimately, the court ruled that the partition should be done in a manner that was fair and equitable to both parties, and that the siblings should cooperate in the process.
Contact our Team of Experienced Partition Lawyers Serving the City of Upland 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.