Jointly Owned Property Issues in
Our team of partition attorneys in Imperial can assist co-owners with frequently asked questions about partitions, such as:
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- 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.
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. The average cost of a partition is around $20,000However, 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.
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
Our Imperial County Partition Attorneys Know Imperial County
Imperial County is a county located in the southeastern corner of the U.S. state of California. It is part of the Imperial Valley, which is a region of the Colorado Desert. The county seat is El Centro. Imperial County is the fourth-largest county in California by area, and the 11th-largest by population. It is the most economically disadvantaged county in California, with a median household income of $35,817 in 2019. The county is home to a large agricultural industry, as well as a number of military installations. It is also home to the Salton Sea, a large saline lake located in the Imperial Valley.
Imperial County, California is located in the southeastern corner of the state and is home to a variety of real estate types. The county is known for its agricultural land, which is used for growing crops such as cotton, alfalfa, and vegetables. There are also many residential properties in the area, ranging from single-family homes to large estates. Commercial real estate is also available, with a variety of office buildings, retail stores, and industrial properties. Additionally, Imperial County is home to a number of recreational properties, such as golf courses, RV parks, and campgrounds.
Clifford v. Tarcha – Partition Action Case Study
In the legal case of Clifford v. Tarcha, Not Reported in Cal.Rptr.2d (2002), the issue of partition was at the center of the dispute. The parties were arguing over the division of a parcel of real property that had been owned by the deceased father of the parties. The court had to determine whether the property should be divided into two separate parcels or if it should remain as one parcel. The court also had to decide if the parties should be allowed to partition the property in a manner that would be beneficial to both parties. The court ultimately ruled that the property should remain as one parcel and that the parties should not be allowed to partition it. The court reasoned that the partition would be too costly and would not be in the best interests of either party.
Contact an Experienced Partition Attorney in Imperial County, California
If you want to end your co-ownership relationship, but your co-owner disagrees, a partition action is your only option. Our experienced partition lawyers serving have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Imperial County property. For a free, 15-minute consultation with a knowledgeable 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 Imperial County, California
Our partition attorneys in Imperial County also serve El Centro, Calexico, Brawley, Imperial, Holtville, Calipatria, Westmorland, Seeley, and Heber
