Cerritos Real Estate Partition Lawyer
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in California partition actions and have conducted over 450 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 are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
- 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 potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
- How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
- What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
Cerritos is a city located in Los Angeles County, California. It is a suburban city known for its excellent schools, safe neighborhoods, and diverse population. The city is home to many parks, shopping centers, and cultural attractions. Cerritos is also home to the Cerritos Center for the Performing Arts, which hosts a variety of concerts, plays, and other events. Cerritos is a great place to live, work, and play.
Speak to Our Cerritos 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 (562) 600-3300 or contact us below to schedule a free, 15-minute consultation
Noce v. Daveggio – Partition Action Case Study
In the legal case of Noce v. Daveggio, 2 Cal.Unrep. 354 (1884), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a piece of real estate. The two parties had agreed to divide the property into two equal parts, but the defendant refused to carry out the agreement. The plaintiff argued that the defendant was obligated to divide the property in accordance with the agreement, while the defendant argued that the agreement was invalid and that the property should remain undivided. The court ultimately ruled in favor of the plaintiff, finding that the agreement was valid and that the defendant was obligated to divide the property in accordance with the agreement. The court also held that the defendant was liable for any damages caused by his refusal to comply with the agreement.
Frequently Asked Questions About Partitions in Cerritos
How Much Does a Partition Action Cost in Cerritos?
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 Cerritos?
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 Cerritos, 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 Cerritos?
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 Cerritos, County of Los Angeles, California
Our Cerritos 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 (562) 600-3300 or contact us online today.
Talkov Law Los Angeles Office
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300
