Partition Actions in Manhattan Beach
Manhattan Beach is a beachfront city located in southwestern Los Angeles County, California. It is known for its wide, sandy beaches, excellent surfing, and laid-back atmosphere. The city is home to a variety of restaurants, shops, and entertainment venues, as well as a number of parks and recreational areas. Manhattan Beach is also home to the Manhattan Beach Pier, which is a popular spot for fishing, sightseeing, and watching the sunset. The city is a popular destination for tourists and locals alike, and is a great place to spend a day or weekend.
According to Zillow, the median home value in Manhattan Beach, Los Angeles County, California is $2,717,400 as of 2021. As of the 2020 United States Census, the population of Manhattan Beach, California was 35,135.
Experienced Real Estate Partition Action Attorneys Serving Manhattan Beach
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in the area of California partition actions. 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 sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
- 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 is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
Ryan v. Carter – Partition Action Case Study
In the legal case of Ryan v. Carter, 93 U.S. 78 (1876), the issue was whether a partition of real estate could be made without the consent of all the owners. The case involved a dispute between two brothers, John and William Ryan, who owned a tract of land in common. John wanted to partition the land, but William refused to consent. The Supreme Court held that a partition of real estate could not be made without the consent of all the owners, and that the partition could not be enforced against William. The Court reasoned that a partition of real estate was a matter of contract, and that all the owners must agree to it in order for it to be valid.
Contact our Team of Experienced Partition Lawyers Serving the City of Manhattan Beach 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 (310) 496-3300 or contact us online for a free consultation about your co-ownership issues.
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300