Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in California partition actions and have conducted over 400 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 feasible, 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:
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- 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.
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
Los Angeles County is the most populous county in the state of California and the second most populous county in the United States. It is located in the southern part of the state and is home to over 10 million people. The county seat is the city of Los Angeles, the largest city in California and the second largest city in the United States. Los Angeles County is home to many famous attractions, including Hollywood, Universal Studios, Disneyland, and the Getty Center. It is also home to many major universities, including the University of California, Los Angeles, California State University, Los Angeles, and the University of Southern California. The county is also home to numerous professional sports teams, including the Los Angeles Lakers, Los Angeles Dodgers, Los Angeles Angels, and Los Angeles Kings.
Speak to Our Los Angeles County 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
Walton v. Willis – Partition Action Case Study
In the legal case of Walton v. Willis, 1 U.S. 351 (1788), the issue was whether a partition of land could be made between two parties without the consent of the other. The case involved two brothers, Thomas and William Walton, who had inherited a tract of land from their father. Thomas wanted to divide the land between himself and William, but William refused to consent to the partition. The court ultimately held that a partition could not be made without the consent of both parties. This decision established the principle that a partition of land could not be made without the consent of all parties involved.
Frequently Asked Questions About Partitions in Los Angeles County
How Much Does a Partition Action Cost in Los Angeles County?
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 Los Angeles County?
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 Los Angeles County, 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 Los Angeles County?
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 Los Angeles County, California
Our Los Angeles County 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
Los Angeles, Long Beach, Glendale, Santa Clarita, Lancaster, Palmdale, Pomona, Torrance, Pasadena, El Monte, Downey, Inglewood, West Covina, Norwalk, Burbank, Compton, South Gate, Carson, Santa Monica, Whittier, Hawthorne, Alhambra, Lakewood, Bellflower, Baldwin Park, Lynwood, Redondo Beach, Pico Rivera, Montebello, Monterey Park, Gardena, La Puente, San Gabriel, Cerritos, Culver City, Manhattan Beach, La Mirada, Bell Gardens, West Hollywood, San Fernando, Calabasas, La Verne, San Dimas, Agoura Hills, Duarte, South Pasadena, Hermosa Beach, Lomita, Malibu, Hidden Hills, Rolling Hills, Avalon, Huntington Park, Arcadia, Diamond Bar, Paramount, Rosemead, Glendora, Covina, Azusa, Rancho Palos Verdes, Monrovia, Temple City, Bell, Claremont, Beverly Hills, Lawndale, Walnut, Maywood, Cudahy, South El Monte, El Segundo, Artesia, Santa Fe Springs, Hawaiian Gardens, Palos Verdes Estates, San Marino, Commerce, Signal Hill, Sierra Madre, Westlake Village, La Habra Heights, Irwindale, Bradbury, Vernon, and Industry
