Westchester 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. 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:
- 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.
- Can a partition action be stopped? 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.
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- 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.
Westchester is a neighborhood in Los Angeles, California, located in the southwestern corner of the city. It is bordered by the cities of Inglewood and Culver City, and is home to Los Angeles International Airport (LAX). The neighborhood is known for its diverse population, with a mix of families, young professionals, and retirees. It is also home to several parks, including the Westchester Recreation Center, which features a pool, basketball courts, and a playground. The area is also home to several schools, including Westchester High School, and is served by the Los Angeles Unified School District. Westchester is a great place to live, with plenty of amenities and easy access to the rest of the city.
Speak to Our Westchester 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
Akhbari v. Nateghi – Partition Action Case Study
In the legal case of Akhbari v. Nateghi, 2002 WL 1764418, G028931 (31-Jul-2002), the partition issues revolved around the ownership of a property located in Orange County, California. The plaintiff, Akhbari, claimed that he owned the property in its entirety, while the defendant, Nateghi, argued that he owned a one-half interest in the property. The court found that the parties had entered into an oral agreement in which they agreed to divide the property into two equal parts, with each party owning a one-half interest. The court further found that the parties had intended to divide the property in a manner that would be fair and equitable to both parties. The court ultimately ruled in favor of the defendant, finding that he was entitled to a one-half interest in the property.
Frequently Asked Questions About Partitions in Westchester
How Much Does a Partition Action Cost in Westchester?
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 Westchester?
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 Westchester, 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 Westchester?
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 Westchester in the City of Los Angeles, California
Our Westchester 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 (310) 496-3300 or contact us online today.
Talkov Law Los Angeles Office
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300
