Montclair Co-Ownership Disputes
Our team of partition attorneys in San Bernardino can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- 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.
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
Our Montclair Partition Attorneys Know San Bernardino County
Montclair is a city located in the San Bernardino County of California. It is situated in the foothills of the San Gabriel Mountains and is part of the Inland Empire region. The city is known for its diverse population and its many parks and recreational areas. Montclair is home to a variety of businesses, including retail stores, restaurants, and entertainment venues. The city is also home to a number of educational institutions, including the University of California, Riverside and Chaffey College. Montclair is a great place to live, work, and play, and is a great place to raise a family.
Montclair, California is a city located in the San Bernardino Valley in San Bernardino County. It was founded in 1887 by a group of settlers from the East Coast who were looking for a place to settle in the West. The city was originally called Monte Vista, but the name was changed to Montclair in 1895. The city grew rapidly in the early 20th century, and by the 1950s, it had become a popular suburb of Los Angeles. The city was incorporated in 1987, and today it is home to over 36,000 people. Montclair is known for its diverse population, its excellent schools, and its vibrant shopping and dining scene. It is also home to the Montclair Plaza, one of the largest shopping malls in the Inland Empire.
Reas v. Clemence – Partition Action Case Study
In the legal case of Reas v. Clemence, 173 Cal. 106 (1916), the issue was whether a partition of real property was valid. The plaintiff, Reas, owned a parcel of land with two other individuals, Clemence and another. The three parties agreed to divide the land into three equal parts, with each party receiving one part. However, the partition was not done in accordance with the law, as it did not involve a court order or a surveyor. The court found that the partition was invalid, as it did not comply with the law. The court also found that the partition was not binding on the other two parties, as they had not agreed to it. The court held that the partition was not valid and that the plaintiff was not entitled to any of the land.
Contact an Experienced Partition Attorney in Montclair, 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 Montclair 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 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 Montclair, California
Our partition attorneys in Montclair also serve Ontario, Claremont, Pomona, Upland, Chino, and Rancho Cucamonga
