Partition Attorney in Jurupa Valley, California Serving Southern California
There can be nothing more frustrating than co-ownership of real estate (real property) in California. A land partition is the division of real property held jointly or in common by two or more persons into individually owned interests.
A land partition is not a means for acquiring title; rather, it is the manner by which co-owners may seek and acquire the right to exclusive ownership and possession of a part of the jointly owned property that, before partition, was owned by all and each owner had an equal right to use and possess the whole. The goal in a land partition is to make sure that the property is divided fairly among the owners.
Our partition attorneys in California bring an end to real estate co-ownership disputes. We accomplish this goal through the only court ordered process to do so: partition law in California.
There are three forms of partition in California:
- Partition by Sale: The property will be marketed for sale and the court will allow over-bidders to appear in court. Partition by sale is conducted only when a property cannot be physically divided into separate parts. It can also be conducted when it is not profitable to divide a property because the total value of the divided pieces of the property would become very low considering the value of the property as a single piece.
- Partition by Appraisal: A partition that is accomplished through one party purchasing the other party’s interest in real property on certain agreed terms, under court supervision and based on a third party appraisal.
- Partition in Kind: Partition in kind occurs when a court orders the physical division of the property among the co-owners, with each co-owner getting their respective share.
Often times, there is an uncooperative tenant or co-owner at the property who is in no rush to leave. Our experience will make sure that the occupants cooperate or pay the price both financially and possibly through paying your attorneys fees for the partition.
Finally, after the property is sold, every partition involves an accounting wherein partition offsets may be considered. If one co-owner made improvements, paid the taxes or paid the mortgage, this will be the time to recoup those payments.
Contact a Partition Attorney in California Today
If you are looking to end your co-ownership relationship, it is critical to protect your rights and speak to an experienced and creative real estate litigator. Call Talkov Law today at (951) 888-3300 or contact us online for a free analysis of your situation.