Partition Action Attorneys in Rolling Hills Estates
Rolling Hills Estates is a city located in the South Bay region of Los Angeles County, California. It is a wealthy, residential community located on the Palos Verdes Peninsula, with a population of 8,067 as of the 2010 census. The city is known for its rolling hills, equestrian trails, and expansive views of the Pacific Ocean. It is home to many celebrities, business executives, and other affluent residents. The city is also home to the Peninsula Center, a shopping center with a variety of stores, restaurants, and services. Rolling Hills Estates is a great place to live, work, and play, offering a peaceful, suburban lifestyle with easy access to the amenities of Los Angeles.
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 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:
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- How does a partition action work in California?
- 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.
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- 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
Speak to Our Rolling Hills 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
Pippins v. Estate of Young – Partition Action Case Study
In the legal case of Pippins v. Estate of Young, 2015 WL 6150603, A142022 (19-Oct-2015) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their deceased mother’s estate. The siblings had inherited the estate from their mother, who had died intestate. The siblings had agreed to partition the estate, but had failed to do so. The court was asked to determine whether the siblings had agreed to partition the estate and, if so, how the partition should be accomplished. The court found that the siblings had agreed to partition the estate, but had failed to do so. The court then ordered the partition of the estate according to the terms of the agreement. The court also ordered the siblings to pay the costs of the partition.
Frequently Asked Questions About Partitions in Rolling Hills Estates
How Much Does a Partition Action Cost in Rolling Hills 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 Rolling Hills 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 Rolling Hills 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 Rolling Hills 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 Rolling Hills Estates, County of Los Angeles, California
Our Rolling Hills 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