Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in California partition actions and have conducted over 400 partitions 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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be done in accordance with the laws of the state of California. 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 a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- 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.
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
Westlake Village is a city located in Los Angeles County, California. It is located in the western part of the county, near the border of Ventura County. The city is known for its affluent population and its picturesque setting. It is situated in the foothills of the Santa Monica Mountains, and is surrounded by lush green hills and valleys. The city is home to many upscale shopping centers, restaurants, and entertainment venues. It is also home to several corporate headquarters, including Dole Food Company and K-Swiss. Westlake Village is a popular destination for outdoor activities, such as hiking, biking, and golfing. The city is also home to several parks and recreational areas, including Westlake Lake, which is a popular spot for fishing and boating.
Speak to Our Westlake Village 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
Koefoed v. Camejo – Partition Action Case Study
In the legal case of Koefoed v. Camejo, 2007 WL 2165372, B188429 (30-Jul-2007) , the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a property in California. The plaintiff, Koefoed, sought to partition the property, while the defendant, Camejo, opposed the partition. The court found that the parties had an implied agreement to partition the property, and that the plaintiff was entitled to a partition of the property. The court also found that the defendant had failed to provide sufficient evidence to support his claim that the partition would be detrimental to the value of the property. The court ultimately ordered the partition of the property, and the parties were required to divide the property in accordance with the court’s order.
Frequently Asked Questions About Partitions in Westlake Village
How Much Does a Partition Action Cost in Westlake Village?
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 Westlake Village?
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 Westlake Village, 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 Westlake Village?
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 the City of Westlake Village, County of Los Angeles, California
Our Westlake Village 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
Serving Areas Throughout California
Thousand Oaks, Agoura Hills, Oak Park, Newbury Park, and Calabasas
