Palmdale Partition Lawyer

Partition Actions in Palmdale

Palmdale is a city located in the Antelope Valley of northern Los Angeles County, California. It is situated in the Mojave Desert, approximately 60 miles (97 km) northeast of downtown Los Angeles. The city is known for its aerospace industry, which includes the Palmdale Plant 42, a major aerospace facility operated by Lockheed Martin. Palmdale is also home to the U.S. Air Force Plant 42, which produces the F-22 Raptor fighter jet. The city is also home to the Palmdale Regional Airport, which serves the Antelope Valley. Palmdale is a popular destination for outdoor recreation, with several parks and trails located in the area.

According to Zillow, the median home value in Palmdale, California is $320,000. As of 2020, the population of the Palmdale area of California is estimated to be 156,633.

Experienced Real Estate Partition Action Attorneys Serving Palmdale

Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in the area of California partition actions. California partition actions allows for the division of real property among co-owners. This statute provides a legal mechanism for co-owners to divide their real property into separate interests. The partition statutes allow for the court to order a partition of the property, either by physically dividing the property or by selling the property and dividing the proceeds among the co-owners. The partition statutes also provide for the court to award damages to any co-owner who has been wrongfully excluded from the property. The partition statutes also allows for the court to award attorney’s fees and costs to the prevailing party.

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

• How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
• Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
• Who pays for a partition action? In California, 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).
• 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.
• 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.