Rancho Palos Verdes Partition Lawyer

Partition Actions in Rancho Palos Verdes

Rancho Palos Verdes 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 beautiful views, rolling hills, and coastal bluffs. It is home to a variety of wildlife, including dolphins, whales, and sea lions. The city is also home to a number of parks, trails, and beaches, making it a popular destination for outdoor recreation. The city is also home to a number of upscale neighborhoods, shopping centers, and restaurants.

According to Zillow, the median home value in Rancho Palos Verdes is $1,541,400 as of 2021. As of the 2020 census, the population of Rancho Palos Verdes, California is 42,742.

Experienced Real Estate Partition Action Attorneys Serving Rancho Palos Verdes

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 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:

  • 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.
  • What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
  • What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
  • 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).
  • When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.

Speak to Our Rancho Palos Verdes 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

    Raisin Inv. Co. v. Magginetti – Partition Action Case Study

    In the legal case of Raisin Inv. Co. v. Magginetti, 109 Cal.App.2d 163 (1952), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, Raisin Investment Company, owned a one-half interest in the property, while the defendant, Magginetti, owned the other half. The plaintiff sought to partition the property, arguing that it was not capable of being used in common by the two owners. The defendant argued that the property was capable of being used in common and that partition would be detrimental to both parties. The court ultimately found that the property was capable of being used in common and denied the plaintiff’s request for partition. The court also held that partition would be detrimental to both parties and that the plaintiff was not entitled to a partition of the property.

    Contact our Team of Experienced Partition Lawyers Serving the City of Rancho Palos Verdes, County of Los Angeles, California

    Our Rancho Palos Verdes 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

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