Rancho Cucamonga Partition Lawyer

Understanding Co-Ownership in San Bernardino County

Our team of partition attorneys in San Bernardino can assist co-owners with frequently asked questions about partitions, such as:

• When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
• Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
• 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 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.
• 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).

Our Rancho Cucamonga Partition Attorneys Know San Bernardino County

Rancho Cucamonga is a city located in the Inland Empire region of Southern California. It is situated in the foothills of the San Gabriel Mountains and is part of the Greater Los Angeles Area. The city is known for its excellent schools, safe neighborhoods, and diverse population. It is home to many parks, trails, and recreational facilities, as well as a variety of shopping and dining options. Rancho Cucamonga is also home to the Ontario International Airport, making it a convenient location for business and leisure travelers.

Rancho Cucamonga, California was founded in 1839 by John Rains and his wife, Maria Merced Lopez de Rains. The area was originally part of Mission San Gabriel Arcangel, and was used for grazing cattle. In 1858, the area was divided into five separate ranchos, including Rancho Cucamonga. The area was then sold to a group of settlers in 1864, who established the town of Cucamonga. The town was incorporated in 1977, and has since grown to become one of the largest cities in San Bernardino County. Today, Rancho Cucamonga is a thriving city with a population of over 175,000 people.

In the legal case of Cohen v. Karubian, 276 Cal.App.2d 44 (1969), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a single parcel of real property. The plaintiff, Cohen, sought to partition the property, while the defendant, Karubian, argued that the property should not be partitioned. The court ultimately held that the property should be partitioned, but the decision was based on the fact that the parties had not agreed to a different arrangement. The court noted that the parties had not agreed to a joint tenancy, tenancy in common, or any other form of co-ownership, and thus the only option was to partition the property. The court also noted that the parties had not agreed to any other form of partition, such as a sale or exchange of the property. As such, the court held that the only option was to partition the property.

Contact an Experienced Partition Attorney in Rancho Cucamonga, 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 Rancho Cucamonga 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 an experienced 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 Rancho Cucamonga, California

Our partition attorneys in Rancho Cucamonga also serve Ontario, Fontana, Upland, Claremont, Montclair, Rialto, San Bernardino, Pomona, Alta Loma, Etiwanda, Victoria Gardens, and North Cucamonga