North Hollywood Real Estate Partition Lawyer
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in California partition actions and have conducted over 470 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:
- What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- 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 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.
North Hollywood is a neighborhood in the San Fernando Valley region of Los Angeles, California. It is bordered by the Hollywood Hills to the east, Studio City to the south, Burbank to the west, and Valley Village to the north. The area is known for its diverse population, vibrant nightlife, and numerous entertainment venues. It is home to many popular restaurants, bars, and clubs, as well as the NoHo Arts District, which is home to a variety of theaters, galleries, and other cultural attractions. The area is also home to a number of parks, including the North Hollywood Recreation Center and the North Hollywood Skate Park. The neighborhood is served by the Los Angeles Unified School District and is home to several colleges and universities, including California State University, Northridge.
Speak to Our North Hollywood 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 (818) 900-7700 or contact us below to schedule a free, 15-minute consultation
In re Turner – Partition Action Case Study
In the legal case of In re Turner, 2002 WL 31032242, E030507 (12-Sep-2002), the partition issues revolved around the division of a parcel of real property located in California. The property was owned by two siblings, Turner and Turner-Gonzalez, who had inherited it from their father. Turner-Gonzalez wanted to partition the property, while Turner wanted to keep it intact. The court had to decide whether to grant the partition or not. The court ultimately decided to grant the partition, but it also imposed certain restrictions on the division of the property. Specifically, the court ordered that the property be divided into two equal parts, with Turner-Gonzalez receiving one part and Turner receiving the other. The court also ordered that Turner-Gonzalez would be responsible for paying the costs associated with the partition.
Frequently Asked Questions About Partitions in North Hollywood
How Much Does a Partition Action Cost in North Hollywood?
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 North Hollywood?
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 North Hollywood, 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 North Hollywood?
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 North Hollywood in the City of Los Angeles, California
Our North Hollywood 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 (818) 900-7700 or contact us online today.
Talkov Law Los Angeles Office
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300
