Westmorland Real Estate Partition Lawyer
Talkov Law’s attorneys serving Imperial 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:
- How does a partition action work in California?
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
- 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.
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
Westmorland is a small city located in Imperial County, California. It is situated in the Imperial Valley, near the Salton Sea. The city has a population of around 4,000 people and is known for its agricultural production, particularly of dates and melons. The city is also home to a number of small businesses, including a few restaurants and shops. Westmorland is a great place to visit for its small-town charm and its proximity to the Salton Sea.
Speak to Our Westmorland Partition Attorneys Today
Call our Imperial County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (760) 999-3300 or contact us below to schedule a free, 15-minute consultation
Hernandez v. Luna – Partition Action Case Study
In the legal case of Hernandez v. Luna, 2021 WL 688593, E073303 (23-Feb-2021) , the partition issues revolve around the division of a parcel of real property located in California. The property was owned by the decedent, who passed away in 2018, and was left to his two children, the plaintiff and the defendant. The plaintiff filed a petition for partition of the property, arguing that the defendant was refusing to cooperate in the sale of the property. The defendant argued that the property should be divided into two separate parcels, with each party receiving one parcel. The court found that the defendant was entitled to a partition of the property, and ordered that the property be divided into two separate parcels. The court also ordered that the parties bear their own costs and expenses associated with the partition.
Frequently Asked Questions About Partitions in Westmorland
How Much Does a Partition Action Cost in Westmorland?
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 Westmorland?
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 Westmorland, 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 Westmorland?
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 Westmorland, County of Imperial, California
Our Westmorland 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 (760) 999-3300 or contact us online today.
