Sherman Oaks Real Estate Partition Lawyer
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in California partition actions and have conducted over 470 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:
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
- 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.
- 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.
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
- 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.
Sherman Oaks is a neighborhood in the San Fernando Valley region of Los Angeles, California. It is bordered by Studio City to the east, Van Nuys to the north, Encino to the west, and Bel Air and Beverly Crest to the south. The area is known for its affluent population and its many upscale restaurants, shops, and entertainment venues. It is also home to many celebrities and is considered one of the most desirable neighborhoods in Los Angeles. The area is served by the Sherman Oaks Galleria, a large shopping mall, and the Sherman Oaks Castle Park, a popular amusement park. The area is also home to many parks, including the Sherman Oaks Recreation Center, which features a pool, tennis courts, and a playground.
Speak to Our Sherman Oaks 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 (818) 900-7700 or contact us below to schedule a free, 15-minute consultation
Pong Re Shin v. Jong Soon Choi – Partition Action Case Study
In the legal case of Pong Re Shin v. Jong Soon Choi, 2011 WL 1797244, B217939 (12-May-2011), the issue of partition was at the center of the dispute. The parties were co-owners of a single parcel of real property, and the dispute arose when one of the co-owners, Jong Soon Choi, sought to partition the property into two separate parcels. Pong Re Shin, the other co-owner, opposed the partition, arguing that it would be detrimental to the value of the property. The court ultimately found that the partition was not in the best interests of the parties, and denied the motion. The court noted that the partition would have resulted in a significant decrease in the value of the property, and that the parties had not provided sufficient evidence to demonstrate that the partition would be beneficial. The court also noted that the parties had not provided any evidence to demonstrate that the partition would be in the best interests of the parties.
Frequently Asked Questions About Partitions in Sherman Oaks
How Much Does a Partition Action Cost in Sherman Oaks?
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 Sherman Oaks?
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 Sherman Oaks, 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 Sherman Oaks?
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 Sherman Oaks in the City of Los Angeles, California
Our Sherman Oaks 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 (818) 900-7700 or contact us online today.
Talkov Law Los Angeles Office
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300
