Co-Ownership Disputes
Our team of partition attorneys in Riverside can assist co-owners with frequently asked questions about partitions, such as:
- 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 $15,000 and $25,000, with about $20,000 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.
- 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 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.
- Can a partition action be stopped? Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
- 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.
Our Riverside County Partition Attorneys Know Riverside County
Riverside County is a county located in the southern part of the U.S. state of California. As of the 2010 census, the population was 2,189,641, making it the fourth-most populous county in California and the 11th-most populous in the United States. The name was derived from the city of Riverside, which is the county seat. Riverside County is included in the Riverside-San Bernardino-Ontario, CA Metropolitan Statistical Area, also known as the Inland Empire. The county is also included in the Los Angeles-Long Beach, CA Combined Statistical Area.
Riverside County, California is home to a variety of real estate types. These include single-family homes, townhomes, condominiums, multi-family homes, and land. Single-family homes are the most common type of real estate in the county, with a variety of styles and sizes available. Townhomes are also popular, offering a more affordable option for those looking to purchase a home. Condominiums are a great option for those looking for a low-maintenance lifestyle, as they typically include amenities such as pools, fitness centers, and more. Multi-family homes are a great option for those looking to invest in real estate, as they can be rented out to generate income. Finally, land is available for those looking to build their own home or develop a commercial property.
Ahr v. Ahr – Partition Action Case Study
In the legal case of Ahr v. Ahr, 153 Cal.App.2d 1 (1957), the issue was whether a partition of real property was valid. The plaintiff, Mrs. Ahr, had inherited a parcel of real property from her father. She and her husband, the defendant, had agreed to partition the property, with Mrs. Ahr receiving one-half of the property and her husband receiving the other half. However, the partition was not properly executed, as the deed was not recorded and the property was not physically divided. The court held that the partition was invalid, as it did not comply with the requirements of the law. The court also held that Mrs. Ahr was entitled to the entire property, as she was the sole owner of the property.
Contact an Experienced Partition Attorney in Riverside County, 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 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 Riverside County, California
Our partition attorneys in Riverside County also serve Riverside, Moreno Valley, Corona, Murrieta, Temecula, Hemet, Lake Elsinore, Menifee, Indio, Perris, and San Jacinto
