Palm Springs Co-Ownership Disputes
Our team of partition attorneys in Riverside can assist co-owners with frequently asked questions about partitions, such as:
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, 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.
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- 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.
Our Palm Springs Partition Attorneys Know Riverside County
Palm Springs is a desert resort city in Riverside County, California, United States, within the Coachella Valley. It is located approximately 55 miles (89 km) east of San Bernardino, 107 miles (172 km) east of Los Angeles, 123 miles (198 km) northeast of San Diego, and 268 miles (431 km) west of Phoenix, Arizona. Palm Springs covers approximately 94 square miles (240 km2), making it the largest city in Riverside County by land area. Palm Springs is a popular destination for tourists, offering a variety of activities and attractions. The city is known for its hot springs, golf courses, spas, and mid-century modern architecture. It is also home to the Palm Springs International Film Festival and the Palm Springs Aerial Tramway, the world’s largest rotating tram car. The city is also known for its many fine restaurants, art galleries, and shopping opportunities.
Palm Springs, California has a long and storied history. The area was first inhabited by the Cahuilla people, who lived in the area for centuries before the arrival of Europeans. The first non-native settlers arrived in the area in the late 19th century, and the city was officially incorporated in 1938. In the early 20th century, Palm Springs became a popular destination for Hollywood celebrities, who were drawn to the area’s warm climate and natural beauty. The city’s popularity as a resort destination grew throughout the mid-20th century, and it remains a popular destination for tourists today. In recent years, Palm Springs has become a popular destination for retirees, as well as a hub for the LGBT community. The city is also home to a vibrant arts and culture scene, with numerous galleries, museums, and performing arts venues.
Pacific Bank v. Hannah – Partition Action Case Study
In the legal case of Pacific Bank v. Hannah, 90 F. 72 (1898), the issue of partition was at the center of the dispute. The case involved a dispute between the Pacific Bank and Hannah, a widow, over the ownership of a parcel of land. The land had been owned by Hannah’s late husband, who had died without a will. Under the law of the state of California, the land was to be divided equally between Hannah and the Pacific Bank, as the two parties had an equal interest in the property. However, the Pacific Bank argued that the land should be partitioned in a way that would give them a larger share of the land. The court ultimately ruled in favor of Hannah, finding that the Pacific Bank was not entitled to a larger share of the land. The court held that the law of the state of California required that the land be divided equally between the two parties.
Contact an Experienced Partition Attorney in Palm Springs, 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 Springs 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 Springs, California
Our partition attorneys in Palm Springs also serve Indio, La Quinta, Rancho Mirage, Cathedral City, Desert Hot Springs, Palm Desert, and Indian Wells
