Angelino Heights Real Estate Partition Lawyer
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in California partition actions and have conducted over 470 for our satisfied clients. California partition actions provide a legal mechanism for co-owners of real property to divide the property among themselves. The partition statutes allow a co-owner to file a lawsuit in court to have the property divided, either physically or by sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- What is a partition action and when is it necessary?
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
Angelino Heights is a historic neighborhood located in the Echo Park district of Los Angeles, California. It is one of the oldest neighborhoods in the city, having been established in the late 19th century. The neighborhood is known for its Victorian-style homes, many of which are listed on the National Register of Historic Places. It is also home to the Angelino Heights Historic Preservation Overlay Zone, which was established in 2004 to protect the area’s historic character. The neighborhood is also home to the Angelino Heights Trolley Line, which runs along Sunset Boulevard and is the oldest operating electric trolley line in the United States.
Speak to Our Angelino Heights 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 (213) 933-3300 or contact us below to schedule a free, 15-minute consultation
Aguilera v. Lyons – Partition Action Case Study
In the legal case of Aguilera v. Lyons, 2015 WL 5839779, C071061 (7-Oct-2015), the issue of partition was at the center of the dispute. The parties were co-owners of a parcel of real property located in Santa Clara County, California. The plaintiff, Aguilera, sought to partition the property, while the defendant, Lyons, opposed the partition. The court found that the parties had an implied agreement to partition the property, and that the partition should be done in accordance with the California Code of Civil Procedure. The court also found that the partition should be done in a manner that would be fair and equitable to both parties. The court ultimately ordered the partition of the property, and ordered that the parties bear their own costs and expenses associated with the partition.
Frequently Asked Questions About Partitions in Angelino Heights
How Much Does a Partition Action Cost in Angelino Heights?
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 Angelino Heights?
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 Angelino Heights, 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 Angelino Heights?
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 Angelino Heights in the City of Los Angeles, California
Our Angelino Heights 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 (213) 933-3300 or contact us online today.
Talkov Law Los Angeles Office
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300
