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Victorville Partition Lawyer

Partition Actions in Victorville

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.

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.

Experienced Real Estate Partition Action Attorneys Serving Victorville

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:

  • What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
  • 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 types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
  • How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
  • What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.

Speak to Our Victorville Partition Attorneys Today

Call our San Bernardino County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (760) 999-3300 or contact us below to schedule a free, 15-minute consultation

    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 also serve Adelanto, Apple Valley, Hesperia, and Phelan.

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