Partition Actions 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.
According to Zillow, the median home value in Palos Verdes Estates is $2,092,400 as of 2021. As of the 2020 census, the population of Palos Verdes Estates, California was 13,438.
Experienced Real Estate Partition Action Attorneys Serving Palos Verdes Estates
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in the area of California partition actions. 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 sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.
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).
- 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 long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
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.
Contact our Team of Experienced Partition Lawyers Serving the City of Palos Verdes Estates in the County of Los Angeles, California.
Our partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Call the experienced real estate partition attorneys at Talkov Law at (310) 496-3300 or contact us online for a free consultation about your co-ownership issues.
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300