Pacific Palisades Partition Attorney

Pacific Palisades Partition Attorney

Pacific Palisades 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. California partition actions allows for the division of real property owned by two or more persons. This statute allows for the court to order the sale of the property and the division of the proceeds among the owners. The court may also order the property to be physically divided among the owners. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the court finds that a physical division of the property would be impractical or inequitable. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property. The legal effect of the California partition statute is that it allows for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

  • What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
  • How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
  • What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
  • 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.
  • How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.

Pacific Palisades is a neighborhood in Los Angeles, California, located in the Santa Monica Mountains between Brentwood to the east and Malibu to the west. It is known for its affluent population, beautiful beaches, and stunning views of the Pacific Ocean. The area is home to many celebrities, and is known for its high-end shopping and dining. Pacific Palisades is also home to many parks, including the popular Will Rogers State Historic Park, which offers hiking trails, horseback riding, and a lake. The area is also home to the Getty Villa, a museum dedicated to the study of the arts and cultures of ancient Greece, Rome, and Etruria.

Speak to Our Pacific Palisades 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

Ralston v. Dumouchel – Partition Action Case Study

In the legal case of Ralston v. Dumouchel, 2014 WL 4828226, G049241 (30-Sep-2014), the issue of partition was at the center of the dispute. The parties had inherited a property from their father, and the court was tasked with determining how to divide the property between them. The court found that the property was not capable of being divided in kind, and thus, the court ordered a partition by sale. The court also found that the parties had failed to agree on a partition plan, and thus, the court appointed a referee to oversee the sale of the property. The court also ordered that the proceeds of the sale be divided equally between the parties.

Frequently Asked Questions About Partitions in Pacific Palisades

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.

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.

In Pacific Palisades, 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).

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 Pacific Palisades in the City of Los Angeles, California

Our Pacific Palisades 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

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Offices Throughout California

Los Angeles Partition Attorneys
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300

Orange County Partition Attorneys
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800

San Jose Partition Attorneys
99 S. Almaden Blvd Suite 600
San Jose, CA 95113
Phone: (408) 777-6800

San Diego Partition Attorneys
11622 El Camino Real Ste 100
San Diego, CA 92130
Phone: (858) 800-3300

San Francisco Partition Attorneys
50 California St, Ste 1500
San Francisco, CA 94111
Phone: (415) 966-3300

Riverside Partition Attorneys
3610 Central Ave, Ste 400
Riverside, CA 92506
Phone: (951) 888-3300

Sacramento Partition Attorneys
500 Capitol Mall, Suite 2350
Sacramento, CA 95814
Phone: (916) 668-3300

The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.