La Canada Flintridge 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. 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:
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- 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.
- 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 long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- How does a partition action work in California?
La Canada Flintridge is a city located in Los Angeles County, California. It is situated in the foothills of the San Gabriel Mountains, and is part of the Crescenta Valley. The city is known for its excellent schools, beautiful neighborhoods, and its proximity to Pasadena and downtown Los Angeles. La Canada Flintridge is home to a variety of shops, restaurants, and recreational activities, including the Descanso Gardens, the La Canada Flintridge Country Club, and the Jet Propulsion Laboratory. The city is also home to a number of parks, trails, and open spaces, making it a great place to explore the outdoors.
Speak to Our La Canada Flintridge 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 (626) 777-3300 or contact us below to schedule a free, 15-minute consultation
Loubar, LLC v. U.S. Bank, N.A. – Partition Action Case Study
In the legal case of Loubar, LLC v. U.S. Bank, N.A., 2016 WL 4939566, H040422 (16-Sep-2016) , the main issue was whether the partition of a property owned by the plaintiff, Loubar, LLC, was valid. Loubar, LLC owned a property in California that was subject to a deed of trust held by U.S. Bank, N.A. Loubar, LLC sought to partition the property into two separate parcels, but U.S. Bank, N.A. objected to the partition, arguing that it would impair the security of the deed of trust. The court ultimately held that the partition was valid, finding that the partition did not impair the security of the deed of trust and that U.S. Bank, N.A. had failed to demonstrate that the partition would cause it any harm.
Frequently Asked Questions About Partitions in La Canada Flintridge
How Much Does a Partition Action Cost in La Canada Flintridge?
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 La Canada Flintridge?
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 La Canada Flintridge, 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 La Canada Flintridge?
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 La Canada Flintridge, County of Los Angeles, California
Our La Canada Flintridge 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 (626) 777-3300 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
Pasadena, Glendale, Burbank, Altadena, San Marino, South Pasadena, and La Crescenta
