Pomona Real Estate Partition Lawyer
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in California partition actions and have conducted over 450 for our satisfied clients. California partition actions allows for the partition of real property owned by two or more persons. This statute provides a legal mechanism for the division of real property when the owners cannot agree on how to divide the property. The partition statutes allow for the court to order the sale of the property and the division of the proceeds among the owners. The partition statutes also allows for the court to order the physical division of the property if it is feasible. The partition statutes also provide for the court to order the partition of the property by allotment, which is when the court assigns each owner a specific portion of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- 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.
Pomona is a city located in Los Angeles County, California. It is located in the Pomona Valley, between the Inland Empire and the San Gabriel Valley. The city is home to the Fairplex, which hosts the Los Angeles County Fair and the NHRA Auto Club Raceway at Pomona. The city is also home to the California State Polytechnic University, Pomona. The city is known for its diverse population and vibrant culture. The city is home to a variety of restaurants, shops, and entertainment venues, as well as a number of parks and recreational areas.
Speak to Our Pomona 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 (909) 577-3300 or contact us below to schedule a free, 15-minute consultation
Demetris v. Demetris – Partition Action Case Study
In the legal case of Demetris v. Demetris, 125 Cal.App.2d 440 (1954), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a family-owned property. The siblings had inherited the property from their father, who had died without a will. The siblings had agreed to partition the property, but the agreement was never formalized. The court found that the siblings had an implied agreement to partition the property, and that the agreement was binding. The court also found that the siblings had a duty to partition the property in accordance with the agreement, and that the failure to do so constituted a breach of contract. The court ordered the siblings to partition the property in accordance with the agreement.
Frequently Asked Questions About Partitions in Pomona
How Much Does a Partition Action Cost in Pomona?
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 Pomona?
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 Pomona, 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 Pomona?
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 Pomona, County of Los Angeles, California
Our Pomona 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 (909) 577-3300 or contact us online today.
Talkov Law Los Angeles Office
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300
