Partition Attorney Riverside

Riverside Partition Attorney

What is a Partition Action?

A partition action is the only court ordered process in California to bring an end to real estate co-ownership disputes. Under California Code of Civil Procedure Section 872.210, a partition action is a legal process to divide a California real estate equitably among its co-owners. When there is disagreement where one or more co-owner of a property may want to sell the property, but another co-owner does not agree to sell, a partition action can help force the sale of the property fairly and equitably among the joint owners.

The Right to Partition in California

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: by filing a partition action in California.

Indeed, there can be nothing more frustrating than co-ownership of real estate in California. Many times, one co-owner of property is paying the mortgage, while another co-owner lives at the property without making any contribution to the property. Other times, the property was inherited, perhaps years ago, making partition the only way to unlock the value of the property. Eventually, tenancy-in-common and joint-tenancy get old, and co-owners seek to end this unhealthy property co-ownership relationship. While parties may have purchased the property as tenants-in-common because they are family, friends, or fellow investors, the relationship often turns out to be something other than the parties expected.

Fortunately, the right to a partition action is absolute in California, meaning that the right to partition a property is achievable by any co-owner, no matter how small or large their interest in the property may be. Once filed with the courts, a partition action cannot be “stopped” by a party who does not wish to sell the property unless the parties can resolve the dispute by settling. As the courts have explained, "the right to partition is absolute, and cannot be denied, ‘either because of any supposed difficulty, nor on the suggestion that the interest of the cotenants will be promoted by refusing the application or temporarily postponing action, . . .’” Priddel v. Shankie (1945) 69 Cal.App. 2d 319, 325.

What Happens in a Partition Action?

The outcome of a partition action depends on the form of partition as follows:

  1. 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.
  2. 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.
  3. 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.

How Much Does a Partition Action Cost and Who Will Pay the Attorney’s Fees?

Perhaps the most common question we are asked is the cost of a partition action in California. Usually, the cost will range from $4,000 to $12,000, but can be higher if there are unusual issues of efforts by any party to delay the proceedings. Given our experience, we are able to produce a better result at a lower cost in a faster manner than many firms without such expertise. 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.

Recovering Offsets, Improvements, Repairs, Taxes, Mortgage Payments and Rental Value in a Partition Action

After the property is sold, every partition involves an accounting wherein owners can recover partition offsets. If one co-owner made improvements, paid the taxes or paid the mortgage, this will be the time to recoup those payments. Even further, if one co-owner has been in possession or has retained the rent, an argument can be raised to recover the rental value of the property.

Frequently Asked Questions about Partition Actions in California

The partition attorneys at Talkov Law are handling numerous partition lawsuits at any given. With our experience, we can easily answer the common questions as found in our Ultimate Guide to Partition Actions in California, including: 

  • How to file a partition action?
  • What are the pros and cons of a partition action?
  • Partition action forms
  • Can you recover payments benefiting the property in a partition action?
  • How to win a partition action?
  • How long does it take to win a partition action?
  • Can a partition action be stopped? How do you stop a partition action?
  • Affirmative defenses to a partition action
  • Do I need a partition action lawyer?
  • How do I choose a partition action attorney?

Contact a Partition Attorney in Riverside 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 Riverside partition attorneys serve Moreno Valley, Corona, Norco, Perris, and Jurupa Valley.

We have partition lawyers in Los AngelesOrange CountySan DiegoPalm SpringsSan Bernardino, Riverside, Palo Alto, San Jose, and surrounding areas.

With an office in Riverside, California, the attorneys at Talkov Law in the Inland Empire provide legal services in the cities of Riverside, Moreno Valley, Corona, Murrieta, Temecula, Jurupa Valley, Hesperia, Hemet, Menifee, Perris, Eastvale, Lake Elsinore, San Jacinto, Beaumont, Wildomar, Banning, Norco, Canyon Lake, Calimesa, and Idyllwild, as well as San Bernardino County.

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Leslie Free
Leslie Free
21:53 20 Feb 21
I searched long and hard before selecting Talkov Law to represent me in complex legal matters relating primarily to... real estate, probate and a bit of family law. The attorneys at Talkov Law helped me achieve a great outcome in a difficult, heavily litigated case. Attorneys Scott Talkov and Nick Moss came up with creative solutions to bring an end to the disputes on multiple properties. Heartfelt thanks to the Team at Talkov Law!read more
Caytie Cannata
Caytie Cannata
21:22 29 Jan 21
I retain Attorney Colleen Sparks with Talkov Law back in October 2020. Since day one, she has been available to answer... all of my questions, demonstrates she is compassionate about her clients and reliable. We have been happy with the services she's been providing and outcome of my family guardianship case to date.read more
Rodney Scates
Rodney Scates
04:38 07 Jan 21
I would highly recommend using Talkov Law for representation regarding family law matters.I was in need of help with a... modification of spousal support. Upon my initial call with Talkov Law, I was contacted by the attorney Colleen Sparks.Ms. Sparks listened to my situation and addressed my questions/concerns. I was immediately impressed by her professionalism. She did not pre-judge the situation, instead presented me with a strategy based on her experience and expertise.The strengths of Ms. Sparks and her team is their efficient communication of case and billing status, and preparation of documents for the day in court.Of course, there are no guarantees of the outcome in court, I felt Ms. Sparks was well prepared.On the day of the court proceeding, I was highly satisfied with the results.Overall my expectations were exceeded.I would not hestitate to use Talkov Law again if needed.read more
Courtney Collette
Courtney Collette
21:18 05 Jan 21
I couldn't have been more happy with my experience with Talkov Law. I had a child support case and Colleen Sparks was... there for me every step of the way. She was nothing short of AMAZING. Colleen always got back to me the same day I reached out to her and never once made me feel like a bother or a nuisance. I would highly recommended Talkov Law to anybody needing a lawyer. She was sharp, patient, and kind. I would never consider hiring any other lawyer. You will not be disappointed.read more
James Kaneshiro
James Kaneshiro
08:01 01 Dec 20
I have a family issue that I’ve been going through and I contacted Talkov Law. I was able to talk to and work with... Colleen Sparks. She has been nothing short of amazing. She’s been very responsive and understanding and uses facts and evidence to back it up. She’s very level headed and knows her stuff. Very smart person. 100% recommended. She goes above and beyond for you and I can’t say enough good things about her. She’s helping me fight for my son when I thought all hope was lost. Thank you so much Colleen!read more
Jerome Ward
Jerome Ward
19:37 05 Nov 20
I was loosing my mind over a family law matter. I contacted Talkov Law and my attorney was able to put me at complete... ease. She went above and beyond to research different laws, statues and even news article to help support our argument. She was very honest and professional at all times. Even though the opposing attorney tried very hard to twist my character and completely discredit my military service and, the laws that are designed to protect us. Colleen Sparks remained completely levelled headed and was able to get the judge to decide on our behalf using solely the facts that can be proven and supported. I am so grateful for her hard work and dedication, I don't know what I would have done without her!Thank you so much Colleen!! You are definitely a life saver!!read more
Carol Price
Carol Price
19:45 30 Sep 20
Scott helped me resolve a tenant/landlord issue quickly and to my satisfaction. I recommend his law firm.
Richie Wisneski
Richie Wisneski
19:30 28 Sep 20
I had a real estate issue and contacted Talkov Law. Within minutes Scott contacted me. He was very professional and... extremely knowledgeable. I feel extremely indebted for the help he provided. 5 stars definitely isn't enough. I would recommend Scott without any doubt he would meet your attorney needs. Thank you again Scott.read more
Daniel Reynoso
Daniel Reynoso
18:27 10 Sep 20
Scott and Talkov Law are a phenomenal resource in the uncertain world of business and finance. They were professional,... knowledgeable, and effective in helping me deal with my business.read more
Rishab Dudhia
Rishab Dudhia
03:40 28 Aug 20
Mr. Scott was very knowledgeable about the topic and clearly answered all of my questions and took his time to make... sure that I understood everything he was saying. He seemed to really care about our case and gave clear advice on what our next steps should be. I definitely recommend going to him for consultation.read more
Sherry99 Chuang
Sherry99 Chuang
05:05 25 Aug 20
Mr. Talkov has an excellent legal team. They are experts in their field. Super strong command of the law and getting... people and issues on track. They have tremendous professionalism, respect, and provides solid advice in handling complicated disputes by quickly getting to the core resolution. His leadership, quick wit, strong actions backed with experience and knowledge ranks him as a Super Lawyer again and again! Highly Recommend!read more
Coco
Coco
01:05 08 Aug 20
I'm glad that I found Talkov Law to resolve all of the complications in my life involving real estate and family law... when I was pulled into someone else's bankruptcy. They clearly explained to me the pros and cons of different strategies to resolve the disputes. I will continue to recommend them to others with similar legal issues!read more
Green Corn
Green Corn
22:27 03 Aug 20
I Called mr Talkov and I was given a pleasent experience and answers I wanted to hear. He did a Good Job. Thank you.... Mr. Talkov 👍👏read more
Fernando perez
Fernando perez
06:34 11 Jun 20
Scott is the best. I knew I would be in good hands based on his reputation, but I was still amazed by how knowledgeable... he was about every little detail of process. He was able to make something that was originally extremely stressful into something that was very smooth. Anything that came up, he would find a solution for rapidly. I will be referring anyone I know that needs legal work to him and his firm.read more
cesar ojeda
cesar ojeda
14:19 21 Apr 20
Mr. Talkov helped us to promptly resolve the creditors who were demanding payment after our business shutdown. He... guided us through the process of protecting our home to secure we have a place to live now and into the future. The bankruptcy was over in a matter of a few weeks. I'm glad our attorney had a positive relationship with with the trustee. Thank you so much!!!read more
Susan Varner
Susan Varner
03:29 17 Apr 20
"Thank you to Talkov Law for promptly resolving our landlord-tenant dispute. Before you came on board, our tenant had... hired an attorney to make up claims about our property. However, you swiftly put an end to this on favorable terms. Thanks again."read more
Mustang Autobody
Mustang Autobody
02:52 03 Apr 20
Thank you Mr Scott helping our company to handle tough case with mean landlord. for the bad economy situation we want... to terminated lease peacefully and meanwhile the landlord do not want to do it. and make problems even want put us on court. Mr Scott and his professional service to make talk to landlord more easy. and finally solve the issue. will strongly recommend friend to his law firm.read more
Christine Olvera
Christine Olvera
19:10 27 Mar 20
I was provided with excellent service and sound legal advice to navigate through my pending legal issues. I am so... thankful to find Scott during my situation. He is very knowledgeable and is the best at what he does. I will be recommending him to many people in the future.read more
Papa Dan the Uber and Lyft man
Papa Dan the Uber and Lyft man
21:10 05 Feb 20
I was very impressed with Scott and his professional manner! Scott came highly recommended by a skilled bankruptcy... attorney in Orange county, Ca. He promptly understood our situation and provided a clear solution path. Within 48 hours he resolved our real estate and business dispute arising out of our complex bankruptcy case.After, researching the matter and developing an appropriate strategy, Scott was able to convince the opposing creditor to resolve the judgement from our former business to our satisfaction! This could have dragged on for months, but Scott solved it in a matter of days, allowing escrow to close on time.I would highly recommend his legal services!Dan Bernstein February 5, 2020read more
Margie Miller
Margie Miller
01:06 31 Jan 20
I am very fortunate that I found Scott to represent me. The Riverside Court judge seemed familiar with his work and... even deferred to his legal expertise. Not only was his legal advice spot-on, but the case turned out exactly as he predicted. I'm glad I wasn't fooled by his young appearance- he knows exactly what he's doing. I wish I had found Scott years earlier as the favorable court ruling has changed the future of my business!read more
Brian Freeman
Brian Freeman
04:34 23 Jan 20
Scott really knows his stuff about real estate and bankruptcy law. He is a brilliant attorney and confident in the... Courtroom.read more
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