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San Fernando Partition Lawyer

Partition Actions in San Fernando

San Fernando is a city located in the San Fernando Valley region of Los Angeles County, California. It is a suburban city that is known for its diverse culture, vibrant downtown, and its proximity to Los Angeles. The city is home to a variety of businesses, restaurants, and entertainment venues. It is also home to the San Fernando Valley Arts and Cultural Center, which hosts a variety of events throughout the year. San Fernando is a great place to live, work, and play.

According to Zillow, the median home value in San Fernando, California is $541,400 as of 2021. As of the 2020 United States Census, the population of the San Fernando area of California was 23,645.

Experienced Real Estate Partition Action Attorneys Serving San Fernando

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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

  • Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
  • What is a partition action and when is it necessary?
  • Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
  • 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).
  • Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.

Speak to Our San Fernando 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 (818) 900-7700 or contact us below to schedule a free, 15-minute consultation

    Walker v. Parker – Partition Action Case Study

    In the legal case of Walker v. Parker, 38 U.S. 166 (1839), the issue was whether a partition of land could be made between two parties who had conflicting claims to the same property. The plaintiff, Walker, had purchased the land from the original owner, while the defendant, Parker, had inherited the land from his father. The court held that a partition could not be made between the two parties, as the conflicting claims could not be reconciled. The court also held that the plaintiff was not entitled to any compensation for his purchase of the land, as the defendant had a superior claim to the property.

    Contact our Team of Experienced Partition Lawyers Serving the City of San Fernando 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 (818) 900-7700 or contact us online for a free consultation about your co-ownership issues.

    Talkov Law Los Angeles Office

    10880 Wilshire Blvd Ste 1101
    Los Angeles, CA 90024
    Phone: (310) 496-3300

    Talkov Law Offices

    Our partition attorneys in San Fernando also serve Sylmar, Pacoima, Mission Hills, North Hills, Arleta, Sun Valley, and Burbank.

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