Jointly Owned Property Issues in Perris
Our team of partition attorneys in Riverside 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).
- 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 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.
- 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.
- 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.

Our Perris Partition Attorneys Know Riverside County
Perris is a city located in Riverside County, California. It is situated in the Inland Empire region of Southern California, and is located approximately 74 miles southeast of Los Angeles. The city is known for its agricultural industry, as well as its proximity to the Lake Perris State Recreation Area. The city is also home to the Orange Empire Railway Museum, which is the largest operating railway museum in the United States. Perris is a great place to visit for its outdoor activities, such as hiking, biking, and camping, as well as its many cultural attractions.
Perris, California was founded in 1885 by Edward F. Spence and named after Fred T. Perris, the Chief Engineer of the California Southern Railroad. The city was incorporated in 1911 and has since grown to become a major hub for transportation, manufacturing, and agriculture. The city is home to the Orange Empire Railway Museum, the Perris Auto Speedway, and the Lake Perris State Recreation Area. The city is also home to the Perris Valley Airport, which is the only airport in Riverside County that offers commercial flights. The city has a rich history of agriculture, with many of the local farms still in operation today. The city is also home to a number of historic sites, including the Perris Valley Historical Museum, the Perris Valley Cemetery, and the Perris Valley Veterans Memorial.
Jameson v. Hayward – Partition Action Case Study
In the legal case of Jameson v. Hayward, 106 Cal. 682 (1895), the issue was whether a partition of real property could be made without the consent of all the owners. The plaintiff, Jameson, owned a one-third interest in a piece of real property with two other owners, Hayward and another individual. Jameson sought to partition the property, but Hayward refused to consent. The court held that a partition could be made without the consent of all the owners, as long as the partition was fair and equitable. The court also held that the partition should be made in such a way that the interests of all the owners were protected.
Contact an Experienced Partition Attorney in Perris, 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 Perris 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 an experienced partition attorney at Partition Lawyer California, call (951) 888-3300 or fill out a contact form online.
Contact us Today for a Free Consultation with a Partition Attorney in Perris, California
Our partition attorneys in Perris also serve Riverside, Moreno Valley, Menifee, Lake Elsinore, Murrieta, Temecula, and Hemet