Westlake Village Partition Lawyer

Partition Actions in Westlake Village

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.

According to Zillow, the median home value in Westlake Village, Los Angeles County, California is $1,072,400 as of 2021. As of the 2020 United States Census, the population of Westlake Village, California was 8,270.

Experienced Real Estate Partition Action Attorneys Serving Westlake Village

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 feasible, 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:

• Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
• 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 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.
• Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
• 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.