Jointly Owned Property Issues in Palm Desert
Our team of partition attorneys in Riverside can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- 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
- What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
- 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.
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
Our Palm Desert Partition Attorneys Know Riverside County
Palm Desert is a city in Riverside County, California, located in the Coachella Valley. It is a popular destination for golfers, hikers, and outdoor enthusiasts. The city is known for its warm climate, with temperatures rarely dropping below 60 degrees Fahrenheit. Palm Desert is home to a variety of shopping, dining, and entertainment options, as well as a number of resorts and spas. The city is also home to the Living Desert Zoo and Gardens, a wildlife sanctuary and botanical garden.
Palm Desert is a city in Riverside County, California, located in the Coachella Valley. It was first inhabited by the Cahuilla Indians, who lived in the area for centuries. The first non-native settlers arrived in the late 19th century, when the Southern Pacific Railroad built a line through the area. The city was officially incorporated in 1973, and has since grown to become a popular tourist destination, known for its golf courses, resorts, and outdoor activities.
Murphy v. Superior Court of Los Angeles County – Partition Action Case Study
In the legal case of Murphy v. Superior Court of Los Angeles County, 138 Cal. 69 (1902), the issue of partition was at the center of the case. The plaintiff, Murphy, was the owner of a parcel of land in Los Angeles County, which he had inherited from his father. Murphy’s father had divided the land into two parts, one for Murphy and one for his brother. However, Murphy’s brother had died without leaving a will, and the land had not been partitioned. Murphy sought to have the court partition the land, so that he could receive his share. The court denied Murphy’s request, ruling that the land could not be partitioned without the consent of all the heirs. This decision was appealed to the California Supreme Court, which reversed the lower court’s ruling and held that the land could be partitioned without the consent of all the heirs. The court held that partition was a matter of right, and that the court had the power to order partition even without the consent of all the heirs.
Contact an Experienced Partition Attorney in Palm Desert, 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 Palm Desert 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 (760) 999-3300 or fill out a contact form online.
Contact us Today for a Free Consultation with a Partition Attorney in Palm Desert, California
Our partition attorneys in Palm Desert also serve Indian Wells, La Quinta, Rancho Mirage, Cathedral City, and Palm Springs
