Santa Clarita Partition Lawyer

Partition Actions in Santa Clarita

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.

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.

Experienced Real Estate Partition Action Attorneys Serving Santa Clarita

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 I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
• 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 type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
• 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.
• 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).