Partition Actions in Moreno Valley
Moreno Valley is a city located in Riverside County, California. It is situated in the Inland Empire region of Southern California, and is part of the Greater Los Angeles Area. The city is the second-largest city in Riverside County. Moreno Valley is known for its diverse population, its excellent schools, and its proximity to major attractions such as Disneyland and Universal Studios. The city is also home to a number of parks, trails, and recreational areas, making it a great place to live and visit.
According to Zillow, the median home value in Moreno Valley, California is $335,000. As of 2020, the population of Moreno Valley, California is estimated to be 207,941.
Experienced Real Estate Partition Action Attorneys Serving Moreno Valley
Talkov Law’s attorneys serving Riverside County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
- What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
- 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 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.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
Carpenter v. Laing – Partition Action Case Study
In the legal case of Carpenter v. Laing, 108 Cal.App.2d 892 (1951), the issue of partition arose when the parties disagreed over the division of a parcel of real property. The plaintiff, Carpenter, owned a one-half interest in the property, while the defendant, Laing, owned the other half. The parties had agreed to partition the property, but Laing refused to do so, claiming that the property was not susceptible to partition. The court found that the property was indeed susceptible to partition, and ordered Laing to comply with the agreement. The court also held that Laing was liable for damages for his refusal to comply with the agreement.
Contact our Team of Experienced Partition Lawyers Serving the City of Moreno Valley in the County of Riverside, California.
Our partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Call the experienced real estate partition attorneys at Talkov Law at (951) 888-3300 or contact us online for a free consultation about your co-ownership issues.