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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not feasible, it may order the property to be sold and the proceeds divided among the co-owners.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- 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.
- 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.
- 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.
San Marino is a small, affluent city located in Los Angeles County, California. It is situated in the San Rafael Hills, and is bordered by the cities of Pasadena and San Gabriel. San Marino is known for its beautiful residential neighborhoods, excellent schools, and its historic landmarks. The city is home to the Huntington Library, Art Collections, and Botanical Gardens, as well as the Lacy Park. San Marino is also known for its low crime rate and its high quality of life.
Speak to Our San Marino 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!
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In re Turner – Partition Action Case Study
In the legal case of In re Turner, 2002 WL 31032242, E030507 (12-Sep-2002) , the partition issues revolved around the division of a parcel of real property located in California. The property was owned by two siblings, Turner and Turner-Gonzalez, who had inherited it from their father. Turner-Gonzalez wanted to partition the property, while Turner wanted to keep it intact. The court had to decide whether to grant the partition or not. The court ultimately decided to grant the partition, but it also imposed certain restrictions on the division of the property. Specifically, the court ordered that the property be divided into two equal parts, with Turner-Gonzalez receiving one part and Turner receiving the other. The court also ordered that Turner-Gonzalez would be responsible for paying the costs associated with the partition.
Frequently Asked Questions About Partitions in San Marino
How Much Does a Partition Action Cost in San Marino?
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 Marino?
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 Marino, 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 Marino?
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 Marino, County of Los Angeles, California
Our San Marino 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 (626) 777-3300 or contact us online today.
Talkov Law Los Angeles Office
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300
