Twentynine Palms 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:

  • 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.
  • 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.
  • Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
  • 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.
  • How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.

Partition Attorney in Twentynine Palms, California - San Bernardino County Partition Lawyer

Our Twentynine Palms Partition Attorneys Know San Bernardino County

Twentynine Palms is a city located in the Mojave Desert in San Bernardino County, California. It is the largest city in the Morongo Basin region and is home to the world’s largest Marine Corps Base, the Marine Corps Air Ground Combat Center. The city is known for its natural beauty, with Joshua Tree National Park located nearby. It is also home to the world’s largest Joshua Tree forest, as well as the Oasis Visitor Center. The city is a popular destination for outdoor recreation, with activities such as camping, hiking, and rock climbing. The city also has a vibrant arts and culture scene, with a variety of galleries, museums, and performing arts venues.

The area now known as Twentynine Palms was first inhabited by the Serrano and Cahuilla Native American tribes. The first non-native settlers arrived in the area in the late 1800s, when the area was part of San Bernardino County. The first post office was established in 1917, and the town was officially incorporated in 1987. The area has long been a popular destination for outdoor recreation, and is now home to the Joshua Tree National Park. The city is also home to the Marine Corps Air Ground Combat Center, which is the largest Marine Corps training facility in the world.

Tuffree v. Polhemus – Partition Action Case Study

In the legal case of Tuffree v. Polhemus, 108 Cal. 670 (1895), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a piece of real estate. The two parties had agreed to divide the property into two equal parts, but the defendant refused to carry out the agreement. The plaintiff argued that the defendant was obligated to partition the property, while the defendant argued that the agreement was not legally binding. The court ultimately ruled in favor of the plaintiff, finding that the defendant was obligated to partition the property in accordance with the agreement. The court also held that the defendant was liable for any damages caused by his refusal to partition the property.

Contact an Experienced Partition Attorney in Twentynine Palms, California

If you want to end your co-ownership relationship, but your co-owner disagrees, a partition action is your only option. Our experienced partition lawyers serving Twentynine Palms 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 (760) 999-3300 or fill out a contact form online.

Contact us Today for a Free Consultation with a Partition Attorney in Twentynine Palms, California