Experienced Partition Attorneys Serving Santa Clarita
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in the area of California partition actions. 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:
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- 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.
- What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
- 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.
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
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Partition Actions in Santa Clarita
Partitions are quite common in Santa Clarita. According to Zillow, the median home value in Santa Clarita, California is $541,400 as of 2021. As of 2019, the population of the Santa Clarita area of California is estimated to be around 211,000 people.
Santa Clarita is a city located in northern Los Angeles County, California. It is the third largest city in Los Angeles County and the twenty-fourth largest city in the state of California. Santa Clarita is known for its beautiful scenery, outdoor activities, and family-friendly atmosphere. The city is home to Six Flags Magic Mountain, the Santa Clarita Valley Historical Society, and the William S. Hart Museum. Santa Clarita is also home to several major corporations, including Princess Cruises, Henry Mayo Newhall Hospital, and the Valencia Town Center. The city is served by the Santa Clarita Valley International Airport and is connected to Los Angeles by the Metrolink commuter rail system. Santa Clarita is a great place to live, work, and play.
Cathcart v. Redlands Sec. Co. – Partition Action Case Study
In the legal case of Cathcart v. Redlands Sec. Co., 67 Cal.App.2d 591 (1945), the issue of partition was at the center of the dispute. The plaintiff, Cathcart, owned a parcel of land with two other individuals, and the defendants, Redlands Security Company, held a mortgage on the property. Cathcart sought to partition the property, but the defendants argued that the partition would be detrimental to their security interest. The court ultimately held that the partition could not be denied, but that the defendants had the right to be compensated for any damages that might result from the partition. The court also held that the defendants had the right to be heard on the issue of damages before the partition was allowed to proceed.
Contact our Team of Experienced Partition Lawyers Serving the City of Santa Clarita 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 (661) 999-3300 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in Santa Clarita, California serve Los Angeles County and surrounding areas including Valencia, Newhall, Saugus, Canyon Country, Castaic, Stevenson Ranch.
