Partition Action Attorneys in Santa Barbara
Los Angeles, the largest city in California and second-largest in the U.S., is located on the Southern California coast. Known for its Mediterranean climate and vibrant entertainment industry, the city also boasts iconic landmarks like the Hollywood Sign and Griffith Observatory.
As a major center for business, finance, and education, Los Angeles thrives culturally, yet its housing market faces significant challenges amidst rising property values and limited supply.
Rising property values, a limited housing supply, and ever-growing demand have created a complex real estate environment. These factors make property ownership disputes increasingly common, underscoring the importance of legal strategies like partition actions to ensure fair resolutions for co-owners navigating Los Angeles’ competitive and evolving housing market.According to Zillow’s Home Value Index, as of mid-2024, the average home price in Los Angeles is around $956,844, reflecting a 4.7% year-over-year increase.
Talkov Law’s attorneys serving Santa Barbara County are exceptionally experienced in California partition actions and have conducted over 370 successful partitions for our satisfied clients. 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.
Get a FREE Case Consultation TodayOur team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell 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).
- What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
- How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- How does a partition action work in California?
Speak to Our Santa Barbara Partition Attorneys Today
Call our Santa Barbara County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (805) 880-8800 or contact us below to schedule a free, 15-minute consultation
Hayne v. Gould – Partition Action Case Study
In the legal case of Hayne v. Gould, 54 F. 951 (1893), the issue was whether a partition of real estate was valid. The plaintiff, Hayne, had purchased a tract of land from the defendant, Gould, and then sought to partition the land into two separate parcels. Gould argued that the partition was invalid because it was not done in accordance with the terms of the deed. The court held that the partition was valid, as the deed did not explicitly prohibit it. The court also held that the partition did not violate the terms of the deed, as the deed did not specify how the land was to be divided. The court concluded that the partition was valid and that Gould was not entitled to any compensation for the partition.
Frequently Asked Questions About Partitions in Los Angeles
How Long Does a Partition Action Take?
Most Los Angeles partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months depending on the complexity of the case.
Contact our Team of Experienced Partition Lawyers Serving the City of Santa Barbara, County of Santa Barbara, California
Our Santa Barbara partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law 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 (805) 880-8800 or contact us online today.
Get a FREE Case Consultation TodayOur partition attorneys in Santa Barbara also serve Goleta, Carpinteria, Montecito, Summerland, and Isla Vista
Our partition attorneys in Los Angeles also serve:
Burbank, Glendale, Pasadena, Santa Monica, Beverly Hills and hundreds of other locations throughout California.
