Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in California partition actions and have conducted over 430 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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. 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:
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
- How does a partition action work in California?
- 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.
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.
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!
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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 $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 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 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 (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
