Santa Fe Springs Partition Lawyer

Santa Fe Springs Partition Lawyer

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. 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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the partition must be done in a fair and equitable manner, and that the court must approve the partition before it can be enforced. The partition statutes also provide that the court may order the sale of the property if the co-owners cannot agree on a partition. 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:

  • 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.
  • In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
  • How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
  • 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.
  • Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.

Santa Fe Springs is a city located in Los Angeles County, California. It is located in the southeastern part of the county, about 11 miles southeast of downtown Los Angeles. The city is home to a population of over 16,000 people and is known for its industrial and commercial businesses. Santa Fe Springs is home to many large companies, including Coca-Cola, Nestle, and Boeing. The city is also home to several parks, including Heritage Park, which features a lake, picnic areas, and a playground. Santa Fe Springs is a great place to live, work, and play, and is a great place to visit for its many attractions.

Speak to Our Santa Fe Springs 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 (562) 600-3300 or contact us below to schedule a free, 15-minute consultation







    Schacherbauer v. Sherwood – Partition Action Case Study

    In the legal case of Schacherbauer v. Sherwood, 2004 WL 792116, C041575 (13-Apr-2004) , the partition issues revolved around the ownership of a parcel of land located in California. The plaintiff, Schacherbauer, owned a one-half interest in the property, while the defendant, Sherwood, owned the other half. The dispute arose when Schacherbauer sought to partition the property, which would have resulted in the physical division of the land into two separate parcels. Sherwood, however, opposed the partition, arguing that it would be detrimental to the value of the property. The court ultimately ruled in favor of Schacherbauer, finding that the partition was necessary to protect his interest in the property. The court also ordered that the partition be conducted in a manner that would not cause any harm to the value of the property.

    Frequently Asked Questions About Partitions in Santa Fe Springs

    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.

    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.

    In Santa Fe Springs, 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).

    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 Fe Springs, County of Los Angeles, California

    Our Santa Fe Springs 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 (562) 600-3300 or contact us online today.

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    10880 Wilshire Blvd Ste 1101
    Los Angeles, CA 90024
    Phone: (310) 496-3300

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        Offices Throughout California

        Los Angeles Partition Attorneys
        10880 Wilshire Blvd Ste 1101
        Los Angeles, CA 90024
        Phone: (310) 496-3300

        Orange County Partition Attorneys
        4000 MacArthur Blvd Ste 655
        Newport Beach, CA 92660
        Phone: (949) 888-8800

        San Jose Partition Attorneys
        99 S. Almaden Blvd Suite 600
        San Jose, CA 95113
        Phone: (408) 777-6800

        San Diego Partition Attorneys
        11622 El Camino Real Ste 100
        San Diego, CA 92130
        Phone: (858) 800-3300

        San Francisco Partition Attorneys
        50 California St, Ste 1500
        San Francisco, CA 94111
        Phone: (415) 966-3300

        Riverside Partition Attorneys
        3610 Central Ave, Ste 400
        Riverside, CA 92506
        Phone: (951) 888-3300

        Sacramento Partition Attorneys
        500 Capitol Mall, Suite 2350
        Sacramento, CA 95814
        Phone: (916) 668-3300

        The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.