Holmby 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 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 you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- 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.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
Holmby Hills is an affluent neighborhood located in the Westside of Los Angeles, California. It is bordered by Beverly Hills on the east, Westwood on the south, Beverly Crest on the west, and Bel Air on the north. Holmby Hills is home to some of the most expensive and luxurious real estate in the world, with many of the homes being owned by celebrities and other high-profile individuals. The neighborhood is also home to the famous Playboy Mansion, which was once owned by Hugh Hefner. Holmby Hills is known for its quiet, peaceful atmosphere and its beautiful, tree-lined streets. It is also home to the Los Angeles Country Club, which is one of the most exclusive golf clubs in the world.
Speak to Our Holmby 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 (310) 496-3300 or contact us below to schedule a free, 15-minute consultation
Grossman v. King – Partition Action Case Study
In the legal case of Grossman v. King, 2013 WL 427097, C065258 (5-Feb-2013), the issue of partition was at the center of the dispute. The plaintiff, Grossman, owned a parcel of land that was divided into two lots. The defendant, King, owned the other lot. Grossman sought to partition the land, which would have resulted in the two lots being divided into four separate parcels. King opposed the partition, arguing that it would be detrimental to his property rights. The court ultimately ruled in favor of Grossman, finding that the partition was necessary to protect his property rights. The court also noted that King had failed to present any evidence that the partition would be detrimental to his property rights.
Frequently Asked Questions About Partitions in Holmby Hills
How Much Does a Partition Action Cost in Holmby 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 Holmby 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 Holmby 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 Holmby 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 Holmby Hills in the City of Los Angeles, California
Our Holmby 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 (310) 496-3300 or contact us online today.
Talkov Law Los Angeles Office
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300
Serving Areas Throughout California
Bel Air, Beverly Hills, Westwood, and Brentwood (Los Angeles)
