Experienced Partition Attorneys Serving Lancaster
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in the area of California partition actions. 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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
- What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
Speak to Our Lancaster Partition Attorneys Today
End your co-ownership in Los Angeles County today. You don’t pay until the house is sold!
Call us at (661) 999-3300
Partition Actions in Lancaster
Partitions are quite common in Lancaster. According to Zillow, the median home value in Lancaster, California is $320,000. As of 2020, the population of the California area of Lancaster is 159,633.
Lancaster is a city located in the Antelope Valley of the western Mojave Desert in northern Los Angeles County, California. It is located approximately 70 miles (110 km) north of downtown Los Angeles. Lancaster is part of a twin city complex with its southern neighbor Palmdale and together they are the principal cities within the Antelope Valley region and California’s High Desert. Lancaster is known for its sunny weather, wide open spaces, and affordable housing. The city is home to a variety of attractions, including the Lancaster Performing Arts Center, the Lancaster Museum of Art and History, and the Lancaster National Soccer Center. The city also hosts a variety of festivals and events throughout the year, including the Lancaster Jazz and Blues Festival, the Lancaster Music Festival, and the Lancaster International Film Festival.
Cunningham v. Frymire – Partition Action Case Study
In the legal case of Cunningham v. Frymire, 160 Cal.App.2d 726 (1958), the issue of partition arose when the parties disagreed over the division of a parcel of land. The plaintiff, Cunningham, owned a parcel of land that was divided into two parts. The defendant, Frymire, owned the other part. The parties disagreed over the division of the land, with Cunningham claiming that the land should be divided equally and Frymire claiming that the land should be divided according to the value of each part. The court ultimately ruled in favor of Cunningham, finding that the land should be divided equally. The court also found that Frymire was not entitled to any compensation for the value of his part of the land.
Contact our Team of Experienced Partition Lawyers Serving the City of Lancaster in the County of Los Angeles, California.
Our partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Call the experienced real estate partition attorneys at Talkov Law at (661) 999-3300 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Lancaster, California serve Los Angeles County and surrounding areas including Palmdale, Quartz Hill, Rosamond, Mojave, California City.