Experienced Partition Attorneys Serving Downey
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:
- 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.
- What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- 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).
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
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Partition Actions in Downey
Partitions are quite common in Downey. According to Zillow, the median home value in Downey, California is $541,400 as of 2021. As of 2020, the population of the California city of Downey is 113,717.
Downey is a city located in southeastern Los Angeles County, California, United States, 13 miles (21 km) southeast of downtown Los Angeles. It is considered part of the Gateway Cities region of southeastern Los Angeles County. Downey is the birthplace of the Apollo space program and is the home of the oldest still operational McDonald’s restaurant in the world. It is also the home of the oldest still operational McDonald’s restaurant in the world, opened in 1953. The city is home to many historic sites, including the Columbia Memorial Space Center, the Downey Civic Light Opera, and the Downey Museum of Art. The city is also home to many parks, including Furman Park, Downey Landing, and Rio San Gabriel Park.
Gates v. Salmon – Partition Action Case Study
In the legal case of Gates v. Salmon, 35 Cal. 576 (1868), the issue of partition was at the center of the dispute. The case involved two parties, Gates and Salmon, who had jointly purchased a piece of land. The two parties had agreed to divide the land into two equal parts, but Salmon had failed to do so. Gates then filed a lawsuit against Salmon, seeking a court order to compel Salmon to divide the land into two equal parts. The court ultimately ruled in favor of Gates, ordering Salmon to divide the land into two equal parts. The court also ordered Salmon to pay Gates for any damages caused by his failure to divide the land. This case serves as an example of how partition issues can arise in real estate transactions and how the court can intervene to resolve such disputes.
Contact our Team of Experienced Partition Lawyers Serving the City of Downey in the County of Los Angeles, California.
Our partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Call the experienced real estate partition attorneys at Talkov Law at (562) 600-3300 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Downey, California serve Los Angeles County and surrounding areas including Norwalk, Bellflower, Paramount, Pico Rivera, Santa Fe Springs, South Gate, Bell Gardens, Cudahy, Lynwood, and Compton.