Partition Action Attorneys in Hawaiian Gardens
Hawaiian Gardens is a city located in Los Angeles County, California. It is situated in the Gateway Cities region of southeastern Los Angeles County, near Long Beach. The population was 14,254 at the 2010 census, down from 14,779 at the 2000 census. The city was incorporated on April 9, 1964. Hawaiian Gardens is the smallest city in Los Angeles County by land area. It is also the second-smallest by population, after Vernon. The city is served by the ABC Unified School District. Hawaiian Gardens is home to the largest casino in the state of California, The Gardens Casino. The casino is home to a variety of card games, including poker, blackjack, and baccarat. The city also has a variety of parks, including the Hawaiian Gardens Community Park, which features a playground, basketball court, and picnic area.
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in California partition actions and have conducted over 390 partitions for our satisfied clients. California partition actions allows for the division of real property among co-owners. This statute provides a legal mechanism for co-owners to divide their real property into separate interests. The partition statutes allow for the court to order a partition of the property, either by physically dividing the property or by selling the property and dividing the proceeds among the co-owners. The partition statutes also provide for the court to award damages to any co-owner who has been wrongfully excluded from the property. The partition statutes also allows for the court to award attorney’s fees and costs to the prevailing party.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
- 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 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 we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
Speak to Our Hawaiian Gardens 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
Ankenbrandt v. Shannahan – Partition Action Case Study
In the legal case of Ankenbrandt v. Shannahan, 2009 WL 850152, D052576 (1-Apr-2009) , the partition issue at hand was whether the trial court had the authority to order a partition of the property in question. The plaintiff, Ankenbrandt, argued that the trial court had the authority to order a partition of the property, while the defendant, Shannahan, argued that the trial court did not have the authority to order a partition of the property. The court ultimately ruled in favor of Ankenbrandt, finding that the trial court did have the authority to order a partition of the property. The court reasoned that the partition statute was broad enough to encompass the facts of the case and that the trial court had the authority to order a partition of the property.
Frequently Asked Questions About Partitions in Hawaiian Gardens
How Much Does a Partition Action Cost in Hawaiian Gardens?
The costs of a partition action, including attorney fees, court fees, appraiser fees, and other legal expenses, are typically around $10,000 to $15,000 for less complex cases. These fees are shared among the co-owners. However, the court may adjust the distribution of these costs based on each party’s level of involvement or responsibility, allowing for a fairer allocation when needed.
Who Can File a Partition Action in Hawaiian Gardens?
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 Hawaiian Gardens, 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 Hawaiian Gardens?
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 Hawaiian Gardens, County of Los Angeles, California
Our Hawaiian Gardens partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law 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