Diamond Bar Partition Lawyer

Partition Actions in Diamond Bar

Diamond Bar is a city located in the eastern part of Los Angeles County, California. It is a suburban city located about 30 miles east of downtown Los Angeles. The city is named after the “diamond over a bar” branding iron registered in 1918 by ranch owner Frederick E. Lewis. The city is known for its excellent schools, low crime rate, and high quality of life. Diamond Bar is home to many parks, trails, and recreational facilities, as well as a variety of shopping and dining options. The city is also home to the Diamond Bar Golf Course, which is a popular destination for golfers.

According to Zillow, the median home value in Diamond Bar, California is $717,400. The population of Diamond Bar, California is 56,287.

Experienced Real Estate Partition Action Attorneys Serving Diamond Bar

Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in the area of California partition actions. 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 is a partition action and when is it necessary?
• Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
• Who pays for a partition action? In California, 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).
• 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.
• Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.