Experienced Partition Attorneys Serving Victorville
Talkov Law’s attorneys serving San Bernardino County are exceptionally experienced in the area of California partition actions. California partition actions allows for the partition of real property owned by two or more persons. This statute provides a legal mechanism for the division of real property when the owners cannot agree on how to divide the property. The partition statutes allow for the court to order the sale of the property and the division of the proceeds among the owners. The partition statutes also allows for the court to order the physical division of the property if it is feasible. The partition statutes also provide for the court to order the partition of the property by allotment, which is when the court assigns each owner a specific portion of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- 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.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
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Partition Actions in Victorville
Partitions are quite common in Victorville. According to Zillow, the median home value in Victorville, California is $269,000 as of 2021. As of 2020, the population of the California area of Victorville is 122,095.
Victorville is a city located in the Mojave Desert of San Bernardino County, California. It is situated in the Victor Valley, which is surrounded by the San Bernardino Mountains and the Mojave National Preserve. The city is home to over 122,000 people and is the largest city in the Victor Valley. Victorville is known for its many attractions, including the Mojave Narrows Regional Park, the California Route 66 Museum, and the Victorville Speedway. The city is also home to the Southern California Logistics Airport, which is a major hub for air cargo and freight. Victorville is a great place to live, work, and play, and offers a variety of activities and attractions for visitors and residents alike.
Faires v. Pappmeier – Partition Action Case Study
In the legal case of Faires v. Pappmeier, 104 Cal.App.2d 713 (1951), 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, Faires, sought to partition the property, while the defendant, Pappmeier, 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, and the court found that partition would be contrary to the parties’ agreement. The court also found that partition would be inequitable, as it would result in a disproportionate division of the property. The court also noted that the parties had not taken any steps to partition the property, and that the plaintiff had not shown any evidence of irreconcilable differences between the parties.
Contact our Team of Experienced Partition Lawyers Serving the City of Victorville 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 (760) 999-3300 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Victorville, California serve San Bernardino County and surrounding areas including Apple Valley, Hesperia, Adelanto, Phelan, Oak Hills, Lucerne Valley.