Hollywood Hills Real Estate Partition Lawyer
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 allows for the partition of real property owned by two or more persons. This statute provides a legal mechanism for the division of real property when the owners cannot agree on how to divide the property. The partition statutes allow for the court to order the sale of the property and the division of the proceeds among the owners. The partition statutes also allows for the court to order the physical division of the property if it is feasible. The partition statutes also provide for the court to order the partition of the property by allotment, which is when the court assigns each owner a specific portion of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- 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.
- 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.
Hollywood Hills is a neighborhood located in the Santa Monica Mountains of Los Angeles, California. It is known for its celebrity residents, stunning views, and luxurious homes. The area is home to many of the entertainment industry’s biggest stars, including actors, directors, producers, and musicians. The neighborhood is also home to some of the most iconic landmarks in Los Angeles, such as the Hollywood Sign, the Griffith Observatory, and the Hollywood Bowl. The area is known for its winding, hilly streets, and its many parks and trails. It is also home to some of the most exclusive restaurants and shopping in the city.
Speak to Our Hollywood Hills 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 (213) 933-3300 or contact us below to schedule a free, 15-minute consultation
In re Marriage of LeSage – Partition Action Case Study
In the legal case of In re Marriage of LeSage, 2007 WL 4200962, B189730 (29-Nov-2007), the issue of partition was at the center of the dispute. The parties had entered into a marital settlement agreement (MSA) that provided for the division of their community property. The MSA provided that the parties would each receive a 50% interest in the community property, but that the husband would receive a larger share of the proceeds from the sale of the property. The wife argued that the MSA was invalid because it did not provide for a partition of the community property, as required by California law. The court agreed with the wife, finding that the MSA did not provide for a partition of the community property and was therefore invalid. The court ordered the parties to enter into a partition agreement that would divide the community property in accordance with California law.
Frequently Asked Questions About Partitions in Hollywood Hills
How Much Does a Partition Action Cost in Hollywood Hills?
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 Hollywood Hills?
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 Hollywood Hills, 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 Hollywood Hills?
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 Hollywood Hills in the City of Los Angeles, California
Our Hollywood Hills 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 (213) 933-3300 or contact us online today.
Talkov Law Los Angeles Office
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300
