Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in California partition actions and have conducted over 470 for our satisfied clients. 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.

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.
• 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.
• 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.
• 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.
• Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.

Highland Park is a neighborhood in Los Angeles, California, located in the northeast corner of the city. It is bordered by the Arroyo Seco to the west, Eagle Rock to the north, South Pasadena to the east, and the city of Pasadena to the south. The neighborhood is known for its diverse population, vibrant culture, and historic architecture. It is home to a variety of restaurants, shops, and galleries, as well as a number of parks and recreational areas. Highland Park is also home to the historic Highland Park Bowl, a bowling alley and music venue that has been in operation since 1927. The neighborhood is served by the Metro Gold Line, which provides easy access to downtown Los Angeles.