Apple Valley Partition Lawyer

Understanding Co-Ownership in San Bernardino County

Our team of partition attorneys in San Bernardino can assist co-owners with frequently asked questions about partitions, such as:

  • Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
  • 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.
  • 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.
  • Can a partition action be stopped? Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
  • What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.

Partition Attorney in Apple Valley, California - San Bernardino County Partition Lawyer

Our Apple Valley Partition Attorneys Know San Bernardino County

Apple Valley is a small town located in the Mojave Desert of San Bernardino County, California. It is situated in the Victor Valley, a region of the High Desert of Southern California. The town is located approximately 85 miles northeast of Los Angeles and 35 miles south of Barstow. Apple Valley is known for its rural atmosphere and small-town charm. The town is home to a variety of attractions, including the Apple Valley Golf Course, the Mojave Narrows Regional Park, and the Apple Valley Zoo. The town is also home to a number of shopping centers, restaurants, and other businesses. Apple Valley is a great place to live, work, and play.

Apple Valley, California is located in the High Desert region of San Bernardino County. It is a growing community with a variety of real estate options. Single-Family Homes: Apple Valley has a wide selection of single-family homes, ranging from starter homes to luxury estates. Many of these homes are located in established neighborhoods, while others are located in newer developments. Condos and Townhomes: Apple Valley also has a variety of condos and townhomes available. These properties are typically located in gated communities and offer amenities such as swimming pools, fitness centers, and clubhouses. Apartments: Apple Valley has a number of apartment complexes available for rent. These complexes typically offer amenities such as swimming pools, fitness centers, and laundry facilities. Commercial Properties: Apple Valley has a variety of commercial properties available, including office buildings, retail stores, and industrial warehouses. Land: Apple Valley also has a variety of land available for development. This land can be used for residential, commercial, or industrial purposes.

Kitchen v. Angelel – Partition Action Case Study

In the legal case of Kitchen v. Angelel, Not Reported in Cal.Rptr.2d (2002), the court was tasked with determining the validity of a partition agreement between two siblings. The siblings had inherited a property from their parents and had agreed to divide the property into two separate parcels. The court found that the partition agreement was invalid because it did not meet the requirements of California law. Specifically, the court found that the agreement did not provide for a fair and equitable division of the property, as required by California law. Additionally, the court found that the agreement did not provide for a method of determining the value of the property, which is also required by California law. As a result, the court found that the partition agreement was invalid and the siblings were unable to divide the property as they had agreed.

Contact an Experienced Partition Attorney in Apple Valley, California

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our experienced partition lawyers serving Apple Valley have years of experience ending co-ownership disputes in California and can help you unlock the equity in your San Bernardino County property. For a free, 15-minute consultation with experienced partition attorney at Partition Lawyer California, call (760) 999-3300 or fill out a contact form online.

Contact us Today for a Free Consultation with a Partition Attorney in Apple Valley, California

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