Livingston Partition Lawyer

Partition Action Attorneys in Livingston

Los Angeles, the largest city in California and second-largest in the U.S., is located on the Southern California coast. Known for its Mediterranean climate and vibrant entertainment industry, the city also boasts iconic landmarks like the Hollywood Sign and Griffith Observatory.

As a major center for business, finance, and education, Los Angeles thrives culturally, yet its housing market faces significant challenges amidst rising property values and limited supply.

Rising property values, a limited housing supply, and ever-growing demand have created a complex real estate environment. These factors make property ownership disputes increasingly common, underscoring the importance of legal strategies like partition actions to ensure fair resolutions for co-owners navigating Los Angeles’ competitive and evolving housing market.According to Zillow’s Home Value Index, as of mid-2024, the average home price in Los Angeles is around $956,844, reflecting a 4.7% year-over-year increase.

Talkov Law’s attorneys serving Merced County are exceptionally experienced in California partition actions and have conducted over 370 successful partitions 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:

• 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.
• Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
• 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.
• 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.
• What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.