Jointly Owned Property Issues in Barstow
Our team of partition attorneys in San Bernardino can assist co-owners with frequently asked questions about partitions, such as:
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- 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 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.
Our Barstow Partition Attorneys Know San Bernardino County
Barstow is a city located in the Mojave Desert in San Bernardino County, California. It is situated along the historic Route 66 and is a major transportation hub for the region. Barstow is known for its rich history, including its role in the development of the railroads and the mining industry. The city is also home to a variety of attractions, including the Calico Ghost Town, the Mojave River Valley Museum, and the Barstow Station Shopping Center. Barstow is a great place to explore the desert and experience the unique culture of the area.
Barstow is a city located in the Mojave Desert in San Bernardino County, California. It was founded in 1885 by William Phipps Blake, a civil engineer and surveyor from Los Angeles. Blake named the city after his friend William Barstow Strong, then the general manager of the Atchison, Topeka and Santa Fe Railway. The city was incorporated in 1915 and has since grown to become a major transportation hub for the region. Barstow is home to a number of military installations, including the Marine Corps Logistics Base Barstow, the largest employer in the city. It is also home to the historic Route 66, which runs through the city and is a popular tourist attraction.
Wallace v. Daley – Partition Action Case Study
In the legal case of Wallace v. Daley, 220 Cal.App.3d 1028 (1990), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their parents’ real property. The siblings had inherited the property from their parents, and the sister wanted to partition the property so that each sibling would receive an equal share. The brother, however, argued that the property should not be partitioned because it was held in joint tenancy and that partition would destroy the joint tenancy. The court ultimately ruled in favor of the sister, finding that partition was appropriate in this case because the joint tenancy had been severed by the death of the parents. The court also noted that partition was the only way to ensure that each sibling received an equal share of the property.
Contact an Experienced Partition Attorney in Barstow, California
If you want to end your co-ownership relationship, but your co-owner refuses, a partition action is your only option. Our experienced partition lawyers serving Barstow 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 an 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 Barstow, California
Our partition attorneys in Barstow also serve Victorville, Apple Valley, Hesperia, Adelanto, Needles, Helendale, Baker, Yermo, Lenwood, Hinkley, Daggett, and Newberry Springs
