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 allows for the partition of real property owned by two or more persons. This statute provides a legal mechanism for the division of real property when the owners cannot agree on how to divide the property. The partition statutes allow for the court to order the sale of the property and the division of the proceeds among the owners. The partition statutes also allows for the court to order the physical division of the property if it is feasible. The partition statutes also provide for the court to order the partition of the property by allotment, which is when the court assigns each owner a specific portion of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
- 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.
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
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
How Much Does a Partition Action Cost 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.
Who Can File a Partition Action in Santa Fe Springs?
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 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).
Can a Partition Action Be Stopped in Santa Fe Springs?
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.
Talkov Law Los Angeles Office
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300
