Jointly Owned Property Issues in Rialto
Our team of partition attorneys in San Bernardino can assist co-owners with frequently asked questions about partitions, such as:
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
- 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).
- 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 are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.

Our Rialto Partition Attorneys Know San Bernardino County
Rialto is a city located in San Bernardino County, California. It is located in the Inland Empire region of the state, and is part of the Greater Los Angeles Area. The city is the 17th most populous city in California. Rialto is known for its diverse population, with a large Hispanic population, as well as a large African American population. The city is also home to a number of industrial and commercial businesses, as well as a number of parks and recreational areas. Rialto is a great place to live, work, and play, and is a great place to visit for its many attractions.
Rialto, California was founded in 1887 by a group of investors who purchased the land from the Southern Pacific Railroad. The city was named after the Rialto Bridge in Venice, Italy. The city was incorporated in 1888 and quickly became a hub for the citrus industry. In the early 1900s, the citrus industry began to decline and the city shifted its focus to the manufacturing industry. During World War II, the city was home to several military bases and factories. After the war, the city experienced a population boom and continued to grow throughout the 1950s and 1960s. Today, Rialto is a diverse city with a population of over 100,000 people. It is home to several major employers, including Amazon, Target, and Walmart.
Gordon v. Nichols – Partition Action Case Study
In the legal case of Gordon v. Nichols, 86 Cal.App.2d 571 (1948), the issue was whether a partition of real property could be made between two co-owners. The plaintiff, Gordon, owned a one-half interest in a parcel of real property with the defendant, Nichols, owning the other half. Gordon sought to partition the property, but Nichols objected, arguing that the property was not susceptible to partition. The court held that the property was susceptible to partition, and that the partition should be made in accordance with the provisions of the California Code of Civil Procedure. The court also held that the partition should be made in such a way as to ensure that each co-owner received an equal share of the property.
Contact an Experienced Partition Attorney in Rialto, 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 Rialto 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 Rialto, California
Our partition attorneys in Rialto also serve San Bernardino, Fontana, Colton, Bloomington, Highland, and Riverside