Understanding Co-Ownership in Imperial County
Our team of partition attorneys in Imperial 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).
- 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 is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
Our Imperial Partition Attorneys Know Imperial County
Imperial is a city located in Imperial County, California. It is the county seat of Imperial County and is located in the southeastern corner of the state. The city is situated along the Mexican border and is home to a population of approximately 16,000 people. Imperial is known for its agricultural production, including dates, alfalfa, and cotton. The city is also home to a number of historical sites, including the Imperial Valley Museum and the Imperial County Courthouse. Imperial is a popular destination for outdoor recreation, with nearby Imperial National Wildlife Refuge and Salton Sea State Recreation Area offering a variety of activities.
Imperial California is home to a variety of real estate types, including residential, commercial, industrial, agricultural, and recreational. Residential real estate includes single-family homes, townhomes, condominiums, and apartments. Commercial real estate includes office buildings, retail stores, and restaurants. Industrial real estate includes warehouses, factories, and other industrial buildings. Agricultural real estate includes farms, ranches, and other agricultural properties. Recreational real estate includes golf courses, marinas, and other recreational properties.
Mohun v. Ebright – Partition Action Case Study
In the legal case of Mohun v. Ebright, 2002 WL 31647939, A097961 (25-Nov-2002) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, and the dispute arose when one sibling wanted to sell the home and the other wanted to keep it. The court had to decide whether the siblings could partition the home, meaning that they would divide the home into two separate parts and each sibling would own one part. The court ultimately ruled that the siblings could not partition the home, as it would be too difficult to divide the home in a way that would be fair to both parties. The court also noted that partition would be too costly and would not be in the best interests of either party.
Contact an Experienced Partition Attorney in Imperial, 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 Imperial 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 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 Imperial, California
Our partition attorneys in Imperial also serve El Centro, Calexico, Brawley, Holtville, Heber, Seeley, and Calipatria
