Partition Actions in Calabasas
Calabasas is a city located in Los Angeles County, California. It is located in the hills of the Santa Monica Mountains and is part of the Greater Los Angeles Area. The city is known for its affluent population and exclusive gated communities. It is home to many celebrities and is known for its high-end shopping and dining. Calabasas is also home to the Calabasas Park and the Calabasas Country Club. The city is also home to the Calabasas Tennis and Swim Center, the Calabasas Library, and the Calabasas Lake.
According to Zillow, the median home value in Calabasas, Los Angeles County, California is $1,541,400 as of 2021. The population of the California area of Calabasas is 23,058.
Experienced Real Estate Partition Action Attorneys Serving Calabasas
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in the area of California partition actions. California partition actions allows for the division of real property among co-owners. This statute provides a legal mechanism for co-owners to divide their real property into separate interests. The partition statutes allow for the court to order a partition of the property, either by physically dividing the property or by selling the property and dividing the proceeds among the co-owners. The partition statutes also provide for the court to award damages to any co-owner who has been wrongfully excluded from the property. The partition statutes also allows for the court to award attorney’s fees and costs to the prevailing party.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- 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 are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- What is a partition action and when is it necessary?
Speak to Our Calabasas 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 (818) 900-7700 or contact us below to schedule a free, 15-minute consultation
Waterman v. Lawrence – Partition Action Case Study
In the legal case of Waterman v. Lawrence, 19 Cal. 210 (1861), the issue was whether a partition of land could be made between two parties who had conflicting claims to the same property. The plaintiff, Waterman, had purchased the land from the original owner, while the defendant, Lawrence, had obtained a deed from the same owner, but after Waterman had already purchased the land. The court held that the partition could not be made, as it would be inequitable to allow Lawrence to receive any portion of the land, since he had no legal claim to it. The court also noted that the partition would be contrary to public policy, as it would encourage people to purchase land without first ensuring that they had clear title to it.
Contact our Team of Experienced Partition Lawyers Serving the City of Calabasas, County of Los Angeles, California
Our Calabasas partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law 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 (818) 900-7700 or contact us online today.
Talkov Law Los Angeles Office
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300
Our partition attorneys in Calabasas also serve Agoura Hills, Westlake Village, Thousand Oaks, Woodland Hills, Malibu, Topanga, West Hills, and Hidden Hills
