Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in California partition actions and have conducted over 430 partitions for our satisfied clients. 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:
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
- 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.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- What is a partition action and when is it necessary?
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
Alhambra is a city located in the western San Gabriel Valley region of Los Angeles County, California. It is approximately eight miles from the Downtown Los Angeles Civic Center. Alhambra is known for its historic architecture, including the Alhambra Palace, a Moorish-style castle built in the early 20th century. The city is also home to a variety of cultural attractions, including the San Gabriel Mission, the Pacific Asia Museum, and the Alhambra Civic Center Plaza. Alhambra is a vibrant and diverse community, with a variety of restaurants, shops, and entertainment venues. The city is also home to a number of parks and recreational facilities, including the Alhambra Park and Recreation Center.
Speak to Our Alhambra Partition Attorneys Today
Call our Los Angeles County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (626) 777-3300 or contact us below to schedule a free, 15-minute consultation
Hutchinson v. Woodward – Partition Action Case Study
In the legal case of Hutchinson v. Woodward, 49710.2909251273 (1893), the issue of partition was at the center of the dispute. Partition is a legal process in which a court divides a piece of property among multiple owners. In this case, the dispute was between two brothers, William and John Hutchinson, who had inherited a piece of property from their father. William wanted to sell the property, while John wanted to keep it. The court had to decide whether to divide the property between the two brothers or to allow William to sell it. The court ultimately decided to divide the property, with William receiving the proceeds from the sale. This decision established a precedent for future cases involving partition disputes.
Frequently Asked Questions About Partitions in Alhambra
How Much Does a Partition Action Cost in Alhambra?
The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.
Who Can File a Partition Action in Alhambra?
A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.
Who Pays for a Partition Action?
In Alhambra, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
Can a Partition Action Be Stopped in Alhambra?
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.
Contact our Team of Experienced Partition Lawyers Serving the City of Alhambra, County of Los Angeles, California
Our Alhambra partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov Law Partition Attorneys unlocks access to justice for co-owners by funding your case. For qualified cases, you pay no fees until we successfully partition your property by obtaining a sale on the market or to your co-owner! For a free consultation with California’s first and largest team of partition attorneys at Talkov Law, call (626) 777-3300 or contact us online today.
Talkov Law Los Angeles Office
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300
