Partition Actions in Rolling Hills
Rolling Hills is a small, affluent city located in Los Angeles County, California. It is known for its rolling hills, equestrian trails, and large estates. The city is home to many celebrities and business executives, and is one of the wealthiest cities in the United States. Rolling Hills is a quiet, peaceful community with a low crime rate and excellent schools. The city is also home to the Rolling Hills Country Club, which offers golf, tennis, and swimming. The city is surrounded by nature, with many parks and trails for hiking and biking. Rolling Hills is a great place to live for those who want to enjoy the beauty of nature and the convenience of city life.
According to Zillow, the median home value in Rolling Hills, Los Angeles County, California is $3,845,000. The population of Rolling Hills, California is 1,860 as of the 2010 census.
Experienced Real Estate Partition Action Attorneys Serving Rolling Hills
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
Ramirez v. Superior Court – Partition Action Case Study
In the legal case of Ramirez v. Superior Court, 2005 WL 2671338, B184175 (20-Oct-2005) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, but had never agreed on how to divide the property. The court was asked to decide whether the siblings should be allowed to partition the property, or if the court should order the sale of the property and divide the proceeds. The court ultimately ruled that the siblings should be allowed to partition the property, as long as they could agree on a fair and equitable division.
Contact our Team of Experienced Partition Lawyers Serving the City of Rolling Hills 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