Partition Actions in Torrance
Torrance is a city located in the South Bay region of Los Angeles County, California. It is the eighth-largest city in Los Angeles County and the 33rd-largest city in California. Torrance is known for its low crime rate, excellent schools, and beautiful beaches. The city is home to a variety of businesses, including aerospace, automotive, and medical technology companies. Torrance is also home to a number of parks, golf courses, and recreational facilities. The city is also known for its vibrant arts and culture scene, with a number of galleries, museums, and performing arts venues.
According to Zillow, the median home value in Torrance, California is $717,400 as of 2021. As of 2020, the population of the California area of Torrance is 147,478.
Experienced Real Estate Partition Action Attorneys Serving Torrance
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in the area of California partition actions. 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 force the sale of the property if they cannot agree on how to divide it. The partition statutes also set out the procedures for the sale of the property and how the proceeds of the sale will be divided among the co-owners. The partition statutes also provide for the payment of costs associated with the sale of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- 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.
- 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.
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
Donlon v. Donlon – Partition Action Case Study
In the legal case of Donlon v. Donlon, 155 Cal.App.2d 362 (1957), 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, the brother, wanted to partition the home so that each sibling could have their own separate residence. The defendant, the sister, argued that the home should remain undivided, as it had been for many years. The court ultimately ruled in favor of the plaintiff, finding that the partition of the home was necessary to ensure that each sibling had their own separate residence. The court also noted that the partition would not cause any significant harm to either sibling, and that it was in the best interests of both parties to divide the home.
Contact our Team of Experienced Partition Lawyers Serving the City of Torrance 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.
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300