Partition Actions 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.
According to Zillow, the median home value in Rolling Hills Estates, Los Angeles County, California is $2,092,400 as of 2021. As of the 2020 census, the population of Rolling Hills Estates, California was 8,066.
Experienced Real Estate Partition Action Attorneys Serving Rolling Hills 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:
- 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.
- 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.
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
- 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 heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
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.
Contact our Team of Experienced Partition Lawyers Serving the City of Rolling Hills 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