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Santa Monica Partition Lawyer

Partition Actions in Santa Monica

Santa Monica is a beachfront city in western Los Angeles County, California, United States. Situated on Santa Monica Bay, it is bordered on three sides by the city of Los Angeles – Pacific Palisades to the north, Brentwood on the northeast, West Los Angeles on the east, Mar Vista on the southeast, and Venice on the south. Santa Monica is home to many Hollywood celebrities and is a popular tourist destination, known for its mild year-round climate, its 3.5-mile (5.6 km) beachfront promenade, Palisades Park, and its world-famous Santa Monica Pier, which includes an amusement park and a historic carousel. The city also has a large number of art galleries, theaters, and other cultural attractions. Santa Monica is also home to the University of California, Los Angeles (UCLA) and the Santa Monica College.

According to Zillow, the median home value in Santa Monica, California is $1,845,400 as of 2021. As of 2020, the population of the Santa Monica area of California is 93,817.

Experienced Real Estate Partition Action Attorneys Serving Santa Monica

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:

  • What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
  • 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.
  • Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
  • How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
  • Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.

Speak to Our Santa Monica 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 (310) 496-3300 or contact us below to schedule a free, 15-minute consultation

    Hecker v. Ross – Partition Action Case Study

    In the legal case of Hecker v. Ross, 183 Cal.App.2d 30 (1960), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a family home. The siblings had inherited the home from their parents, and the plaintiff, Hecker, wanted to partition the home so that each sibling could have their own separate residence. The defendant, Ross, argued that the home should not be partitioned, as it would be too costly and would destroy the value of the home. The court ultimately ruled in favor of Hecker, finding that partition was the only way to fairly divide the property between the siblings. The court also noted that partition would not necessarily destroy the value of the home, as it could be done in a way that would preserve the value of the property.

    Contact our Team of Experienced Partition Lawyers Serving the City of Santa Monica 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 (310) 496-3300 or contact us online for a free consultation about your co-ownership issues.

    Talkov Law Los Angeles Office

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

    Talkov Law Offices

    Our partition attorneys in Santa Monica also serve Venice, Marina del Rey, Pacific Palisades, Brentwood, Westwood, and Beverly Hills.

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