Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in California partition actions and have conducted over 400 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 is a partition action and when is it necessary?
- 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.
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
San Dimas is a city located in the San Gabriel Valley of Los Angeles County, California. It is located about 30 miles east of downtown Los Angeles. The city is known for its small-town charm and its proximity to the Angeles National Forest. San Dimas is home to a variety of businesses, including retail stores, restaurants, and professional services. The city is also home to several parks, including Frank G. Bonelli Regional Park, which offers a variety of recreational activities, including swimming, fishing, and boating. San Dimas is also home to the San Dimas Festival of Arts, which is held annually in the spring.
Speak to Our San Dimas 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
Schoonover v. Birnbaum – Partition Action Case Study
In the legal case of Schoonover v. Birnbaum, 150 Cal. 734 (1907), the California Supreme Court was asked to decide whether a partition of real property was valid. The dispute arose when two brothers, John and William Schoonover, inherited a parcel of land from their father. The brothers agreed to divide the land into two equal parts, with John taking the northern half and William taking the southern half. However, when the partition was completed, it was discovered that the two halves were not equal in size. William’s portion was larger than John’s, and John argued that the partition was invalid. The court ultimately held that the partition was valid, but that William was required to pay John for the difference in value between the two portions. This case highlights the importance of ensuring that a partition of real property is done correctly, as any discrepancies can lead to costly disputes.
Frequently Asked Questions About Partitions in San Dimas
How Much Does a Partition Action Cost in San Dimas?
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 San Dimas?
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 San Dimas, 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 San Dimas?
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 San Dimas, County of Los Angeles, California
Our San Dimas 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
