Partition Attorney in Riverside, California Serving Southern California
There can be nothing more frustrating than co-ownership of real estate (real property) in California. Many times, one co-owner is paying the mortgage, while another co-owner lives at the property without making any contribution to the property. Eventually, this gets old, and co-owners seek to end this unhealthy relationship.
While parties may have purchased the property as tenants-in-common because they are family, friends, or fellow investors, the relationship may not turn out how one or both parties expected.
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 most common form of partition, the property will be marketed for sale and the court will allow over-bidders to appear in court. A skilled partition attorney can assist one co-owner in buying out the other co-owners through this process.
- Partition by Appraisal: this uncommon method allows the parties to agree on the buyer and method of appraisal of the property to allow one or more parties to be bought out.
- Partition in Kind: most common when the property is undeveloped, this form of partition allows the property to be physically divided. Single family homes are generally ineligible for this form of partition.
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.
Our Recent Partition Blog Posts
partition – Talkov Law Real Estate, Business & Bankruptcy Attorney in Riverside, California
Cost of Partition Action in California
by Scott Talkov on May 20, 2020 at 7:28 pm
How Much Does a Partition Action Cost in California? The post Cost of Partition Action in California appeared first on Talkov Law.
Recovery of Attorney’s Fees, Costs, Credits & Reimbursements in California Real Property Partition Accounting
by Scott Talkov on January 21, 2020 at 5:08 pm
California Real Property Partition Law California law provides that co-owners of real property may file a legal action to request that their interests in the property be partitioned. Code Civil Procedure Section 872.210(a)(1). The first phase of a partition is to determine whether the plaintiff has a right to partition the real property. Code of The post Recovery of Attorney’s Fees, Costs, Credits & Reimbursements in California Real Property Partition Accounting appeared first on Talkov Law.
Right to Partition is Absolute
by Scott Talkov on November 4, 2015 at 5:44 pm
Co-owners of real estate in California have an absolute legal right to partition the property, thereby causing the property to be sold and the proceeds distributed. The post Right to Partition is Absolute appeared first on Talkov Law.
Partition Attorney’s Fees Against an Uncooperative Co-Tenant
by Scott Talkov on May 18, 2015 at 5:03 pm
Co-ownership of real estate in California can be expensive when one co-owner, known in the law as a co-tenant, does not cooperate in the sale of the property. This often occurs when the uncooperative co-tenant is enjoying the benefits of a property without contributing to the expenses of the property. When a partition action (lawsuit) is filed, California courts are The post Partition Attorney’s Fees Against an Uncooperative Co-Tenant appeared first on Talkov Law.