Del Mar Partition Lawyer

Partition Action Attorneys in Del Mar

Los Angeles, the largest city in California and second-largest in the U.S., is located on the Southern California coast. Known for its Mediterranean climate and vibrant entertainment industry, the city also boasts iconic landmarks like the Hollywood Sign and Griffith Observatory.

As a major center for business, finance, and education, Los Angeles thrives culturally, yet its housing market faces significant challenges amidst rising property values and limited supply.

Rising property values, a limited housing supply, and ever-growing demand have created a complex real estate environment. These factors make property ownership disputes increasingly common, underscoring the importance of legal strategies like partition actions to ensure fair resolutions for co-owners navigating Los Angeles’ competitive and evolving housing market.According to Zillow’s Home Value Index, as of mid-2024, the average home price in Los Angeles is around $956,844, reflecting a 4.7% year-over-year increase.

Talkov Law’s attorneys serving San Diego County are exceptionally experienced in California partition actions and have conducted over 370 successful partitions for our satisfied clients. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the partition must be done in a fair and equitable manner, and that the court must approve the partition before it can be enforced. The partition statutes also provide that the court may order the sale of the property if the co-owners cannot agree on a partition. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

• Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
• 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.
• Can a partition action be stopped? 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.
• 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.
• What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.