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. 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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect is that these statutes provide a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- Can a partition action be stopped? 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.
- What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
- What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
Maywood is a small city located in Los Angeles County, California. It is located just south of downtown Los Angeles and is part of the Gateway Cities region. The city is known for its diverse population and vibrant culture. Maywood is home to a variety of businesses, including restaurants, shops, and entertainment venues. The city is also home to several parks and recreational areas, including Maywood Park and Maywood Riverfront Park. Maywood is a great place to live, work, and play, and is a great place to visit for those looking for a unique experience.
Speak to Our Maywood 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 (562) 600-3300 or contact us below to schedule a free, 15-minute consultation
Sykora v. DeMaria – Partition Action Case Study
In the legal case of Sykora v. DeMaria, Not Reported in Cal.Rptr.2d (2002), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their parents’ estate. The siblings had inherited the estate after their parents passed away, and the siblings had agreed to divide the estate equally. However, the siblings disagreed on how to divide the estate, and the dispute eventually ended up in court. The court had to decide whether the siblings should divide the estate according to the agreement they had made or if the court should order a partition of the estate. The court ultimately decided that the siblings should divide the estate according to the agreement they had made, and the court ordered a partition of the estate. The court also ordered the siblings to pay the costs of the partition.
Frequently Asked Questions About Partitions in Maywood
How Much Does a Partition Action Cost in Maywood?
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 Maywood?
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 Maywood, 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 Maywood?
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 Maywood, County of Los Angeles, California
Our Maywood 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 (562) 600-3300 or contact us online today.
Talkov Law Los Angeles Office
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300
