Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in California partition actions and have conducted over 400 partitions 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:
- 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.
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
- 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.
Culver City is a city located in Los Angeles County, California. It is located in the heart of the Los Angeles metropolitan area and is bordered by the cities of Los Angeles, Beverly Hills, and West Hollywood. The city is home to many entertainment and media companies, including Sony Pictures Entertainment, The Culver Studios, and the NFL Network. It is also home to a variety of restaurants, shops, and other attractions. Culver City is known for its vibrant arts and culture scene, with numerous galleries, theaters, and music venues. The city also hosts a variety of festivals and events throughout the year.
Speak to Our Culver City 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 (310) 496-3300 or contact us below to schedule a free, 15-minute consultation
Reinhart v. Lugo – Partition Action Case Study
In the legal case of Reinhart v. Lugo, 75 Cal. 639 (1888), the issue was whether a partition of land between two parties was valid. The court found that the partition was invalid because the parties had not agreed to the terms of the partition in writing. The court held that the partition was invalid because it was not in writing and did not meet the requirements of the California Civil Code. The court also found that the partition was invalid because it was not made in good faith and did not provide for an equal division of the land. The court also found that the partition was invalid because it was not made in accordance with the law. The court held that the partition was invalid because it was not made in accordance with the law and did not provide for an equal division of the land.
Frequently Asked Questions About Partitions in Culver City
How Much Does a Partition Action Cost in Culver City?
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 Culver City?
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 Culver City, 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 Culver City?
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 Culver City, County of Los Angeles, California
Our Culver City 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 (310) 496-3300 or contact us online today.
Talkov Law Los Angeles Office
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300
Serving Areas Throughout California
West Los Angeles, Beverly Hills, Santa Monica, Marina del Rey, Venice, Playa Vista, Westchester, Palms, Mar Vista, Beverlywood, and Cheviot Hills