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:
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
- What is a partition action and when is it necessary?
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- 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.
- 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.
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.
Speak to Our Santa Clarita 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 (661) 999-3300 or contact us below to schedule a free, 15-minute consultation
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.
Frequently Asked Questions About Partitions in Santa Clarita
How Much Does a Partition Action Cost in Santa Clarita?
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 Santa Clarita?
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 Santa Clarita, 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 Santa Clarita?
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 Santa Clarita, County of Los Angeles, California
Our Santa Clarita 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 (661) 999-3300 or contact us online today.
Talkov Law Los Angeles Office
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300
