Orien v. Lutz explains that reasonable attorney’s fees in a contested partition can benefit all co-owners and be allocated among them. A co-owner’s opposition does not defeat that common benefit; the court determines which fees qualify and how to apportion them equitably.
In Lin v. Jeng, the Court of Appeal held that courts have broad power to divide partition attorney’s fees based on fairness, and upheld an order making a sister pay all of her own fees after she claimed 85 percent of a family home her siblings co-owned.
In Finney v. Gomez, the Court of Appeal held that partition attorney’s fees are ordinarily split by ownership, so a 50 percent owner cannot be charged with 100 percent of the fees without evidence supporting a different split. Lin v. Jeng later gave courts more room to shift fees.
When a co-owner won’t pay their share of homeowner’s insurance, a partition action lets you recover what you overpaid and end the co-ownership.
Delaying a partition action can turn a simple co-ownership dispute into an expensive legal problem. Falling values, mounting costs, and new complications all work against the co-owner who waits.
A majority owner cannot stop a partition. Even a minority co-owner in California has the right to force a sale through a partition action.
Talkov Law completes partitions in an average of about 7 months to reach a settlement or judgment, followed by a sale or refinance, without a trial. Here is what to expect at each stage.
After a partition sale, proceeds are divided by each co-owner’s ownership share, adjusted for reimbursements and credits. Here is how California courts handle the distribution.
A co-owner who paid more than their share for the down payment, mortgage, repairs, or taxes can seek reimbursement in a partition. Here is the evidence the referee needs to calculate offsets.
A co-owner who hoards can fill a property with clutter or hazards that cut its value. A California partition action can force a sale and address the cleanup.
Representing co-owners statewide. Find your nearest Talkov Law office.
Practical guides from attorneys who focus exclusively on California partition actions.
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