Understanding Co-Ownership in Riverside County
Our team of partition attorneys in Riverside can assist co-owners with frequently asked questions about partitions, such as:
- Who pays for a partition action? In California, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.

Our Calimesa Partition Attorneys Know Riverside County
Calimesa is a small city located in Riverside County, California. It is situated in the foothills of the San Bernardino Mountains, about 10 miles west of the city of San Bernardino. The city has a population of approximately 8,500 people and is known for its rural atmosphere and small-town charm. Calimesa is home to a variety of outdoor activities, including hiking, biking, and camping. The city also has a number of parks, including the Calimesa Country Club and the Calimesa Nature Preserve. Calimesa is a great place to live for those looking for a peaceful, rural lifestyle.
Calimesa is a small city located in Riverside County, California. It was founded in 1882 by two brothers, John and Fred Calimesa, who purchased the land from the San Jacinto Land and Water Company. The brothers named the area after their father, Calimesa. The city was incorporated in 1990 and has since grown to a population of over 8,000. The city is known for its rural atmosphere and its proximity to the San Bernardino National Forest. The city is also home to the Calimesa Country Club, which was founded in 1924.
Cummings v. Cummings – Partition Action Case Study
In the legal case of Cummings v. Cummings, 2016 WL 7077129, H041307 (23-Nov-2016) , the partition issues revolved around the division of a family-owned property. The property in question was owned by the parties’ parents, who had passed away. The parties had agreed to divide the property, but the agreement was not properly documented. The court had to determine how to divide the property in a fair and equitable manner. The court also had to consider the parties’ respective interests in the property, as well as the potential tax implications of the division. Ultimately, the court determined that the property should be divided in a manner that was fair and equitable to both parties.
Contact an Experienced Partition Attorney in Calimesa, 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 Calimesa have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Riverside County property. For a free, 15-minute consultation with a knowledgeable partition attorney at Partition Lawyer California, call (909) 577-3300 or fill out a contact form online.
Contact us Today for a Free Consultation with a Partition Attorney in Calimesa, California
Our partition attorneys in Calimesa also serve Yucaipa, Redlands, Beaumont, Banning, Moreno Valley, and Cherry Valley