Partition Action Attorneys in Palos Verdes Estates
Palos Verdes Estates is a city located in Los Angeles County, California. It is situated on the Palos Verdes Peninsula, a coastal bluff overlooking the Pacific Ocean. The city is known for its rolling hills, lush gardens, and stunning ocean views. It is home to some of the most expensive real estate in the United States, and is a popular destination for celebrities and the wealthy. The city is also home to a variety of outdoor activities, including hiking, biking, and golfing. Palos Verdes Estates is a beautiful and exclusive city that offers its residents a luxurious lifestyle.
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in California partition actions and have conducted over 390 partitions for our satisfied clients. 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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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).
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- 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.
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- 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.
Speak to Our Palos Verdes Estates 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
Abarca v. Ferber – Partition Action Case Study
In the legal case of Abarca v. Ferber, 2011 WL 175710, C062049 (20-Jan-2011) , the issue of partition was at the center of the dispute. The plaintiff, Abarca, and the defendant, Ferber, were co-owners of a parcel of real property. Abarca sought to partition the property, while Ferber opposed the partition. The court found that the parties had an implied agreement to partition the property, and that Abarca was entitled to a partition of the property. The court also found that Ferber had failed to provide sufficient evidence to support his claim that the partition would be detrimental to the value of the property. The court ultimately ordered a partition of the property, and ordered Ferber to pay Abarca’s costs and attorney’s fees.
Frequently Asked Questions About Partitions in Palos Verdes Estates
How Much Does a Partition Action Cost in Palos Verdes Estates?
The costs of a partition action, including attorney fees, court fees, appraiser fees, and other legal expenses, are typically around $10,000 to $15,000 for less complex cases. These fees are shared among the co-owners. However, the court may adjust the distribution of these costs based on each party’s level of involvement or responsibility, allowing for a fairer allocation when needed.
Who Can File a Partition Action in Palos Verdes Estates?
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 Palos Verdes Estates, 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 Palos Verdes Estates?
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 Palos Verdes Estates, County of Los Angeles, California
Our Palos Verdes Estates partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law 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