Partition Action Attorneys in Los Angeles
Los Angeles is the largest city in California and the second-largest in the United States. It is located in Southern California, on the Pacific coast. It is known for its Mediterranean climate, its diverse population, its Hollywood entertainment industry, and its many attractions. Los Angeles is home to world-famous museums, theaters, and landmarks, such as the Hollywood Sign, the Griffith Observatory, the Getty Center, and the Walt Disney Concert Hall. It is also home to a vibrant nightlife, with many bars, clubs, and restaurants. Los Angeles is a major center for business, finance, and culture, and is home to many major universities and colleges.
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in California partition actions and have conducted over 390 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:
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- 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.
- 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.
Speak to Our Los Angeles 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
Richmond v. Dofflemyer – Partition Action Case Study
In the legal case of Richmond v. Dofflemyer, 105 Cal.App.3d 745 (1980), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, Richmond, owned a one-half interest in the property, while the defendant, Dofflemyer, owned the other half. Richmond sought to partition the property, while Dofflemyer sought to prevent the partition. The court found that the parties had a right to partition the property, but that the partition must be made in a manner that is fair and equitable to both parties. The court noted that the partition must be made in a way that does not prejudice either party, and that the partition must be made in a way that is consistent with the interests of both parties. The court also noted that the partition must be made in a way that does not destroy the value of the property. The court noted that the partition must be made in a way that preserves the value of the property, and that the partition must be made in a way that does not cause either party to suffer an undue hardship. The court also noted that the partition must be made in a way that is consistent with the law. The court noted that the partition must be made in a way that is consistent with the law of partition, and that the partition must be made in a way that is consistent with the law of real property. Finally, the court noted that the partition must be made in a way that is consistent with the interests of the public. The court noted that the partition must be made in a way that is consistent with the public policy of preserving the value of real property, and that the partition must be made in a way that is consistent with the public policy of protecting the rights of co-owners.
Frequently Asked Questions About Partitions in Los Angeles
How Much Does a Partition Action Cost in Los Angeles?
The costs of a partition action, including attorney fees, court fees, appraiser fees, and other legal expenses, are typically around $10,000 to $15,000 for less complex cases. These fees are shared among the co-owners. However, the court may adjust the distribution of these costs based on each party’s level of involvement or responsibility, allowing for a fairer allocation when needed.
Who Can File a Partition Action in Los Angeles?
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, 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?
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 Los Angeles, County of Los Angeles, California
Our Los Angeles partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law 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
Burbank, Glendale, Pasadena, Santa Monica, Beverly Hills, West Hollywood, Long Beach, Anaheim, Santa Ana, Irvine, Santa Clarita, Lancaster, Palmdale, Pomona, Torrance, El Monte, Downey, Inglewood, West Covina, Norwalk, Compton, South Gate, Carson, Hawthorne, Whittier, Alhambra, Lakewood, Bellflower, Baldwin Park, Lynwood, Redondo Beach, Pico Rivera, Montebello, Monterey Park, Gardena, Huntington Park, Arcadia, Diamond Bar, Paramount, Rosemead, Glendora, Cerritos, La Mirada, Covina, Azusa, Bell Gardens, Rancho Palos Verdes, La Puente, San Gabriel, Culver City, Monrovia, Temple City, Bell, Manhattan Beach, Claremont, San Dimas, Lawndale, La Verne, Walnut, Maywood, South Pasadena, Cudahy, San Fernando, Calabasas, Agoura Hills, Duarte, South El Monte, Lomita, Hermosa Beach, El Segundo, Artesia, Santa Fe Springs, Hawaiian Gardens, Palos Verdes Estates, Malibu, Sierra Madre, Signal Hill, Hidden Hills, Rolling Hills, Avalon, Rolling Hills Estates, Irwindale, Bradbury, Commerce, Industry, Vernon, and Westlake Village