Partition Actions in South Pasadena
South Pasadena is a city located in Los Angeles County, California. It is a small, affluent suburb of Los Angeles, located just south of Pasadena. South Pasadena is known for its historic downtown area, which features a variety of shops, restaurants, and galleries. The city is also home to the South Pasadena Public Library, the South Pasadena Unified School District, and the South Pasadena Tournament of Roses Association. South Pasadena is a popular destination for visitors, offering a variety of outdoor activities, including hiking, biking, and golfing. The city is also home to a number of parks, including the Arroyo Seco Park and the South Pasadena Nature Park. South Pasadena is a great place to live, work, and play.
According to Zillow, the median home value in South Pasadena, California is $1,072,400 as of 2021. As of the 2020 United States Census, the population of South Pasadena, California was 25,619.
Experienced Real Estate Partition Action Attorneys Serving South Pasadena
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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
- How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- 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).
- 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.
Speak to Our South Pasadena 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 (626) 777-3300 or contact us below to schedule a free, 15-minute consultation
Varni v. Devoto – Partition Action Case Study
In the legal case of Varni v. Devoto, 10 Cal.App. 304 (1909), the issue was whether a partition of a piece of real estate was valid. The court found that the partition was invalid because the deed of partition was not executed in accordance with the requirements of the California Code of Civil Procedure. Specifically, the deed of partition was not signed by all of the parties to the partition, and it was not acknowledged by a notary public. The court held that the deed of partition was invalid and that the parties were still jointly and severally liable for the property.
Contact our Team of Experienced Partition Lawyers Serving the City of South Pasadena 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 (626) 777-3300 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
Our partition attorneys in South Pasadena also serve Highland Park, Eagle Rock, Alhambra, San Marino, and Pasadena.