Partition Actions in Agoura Hills
Agoura Hills is a city located in Los Angeles County, California. It is located in the eastern Conejo Valley between the Simi Hills and the Santa Monica Mountains. The city is known for its expansive views of the Santa Monica Mountains and its proximity to Malibu and the beaches of the Pacific Ocean. Agoura Hills is home to many celebrities and is known for its upscale neighborhoods and excellent schools. The city is also home to a variety of outdoor activities, including hiking, biking, and horseback riding. Agoura Hills is a great place to live for those who want to be close to the city but still enjoy the beauty of nature.
According to Zillow, the median home value in Agoura Hills, California is $817,400 as of 2021. As of the 2020 United States Census, the population of Agoura Hills, California was 20,843.
Experienced Real Estate Partition Action Attorneys Serving Agoura Hills
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 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 will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
Bordessa v. Lanker – Partition Action Case Study
In the legal case of Bordessa v. Lanker, 2007 WL 906731, A113226 (27-Mar-2007) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, and the dispute arose when one sibling wanted to sell the home and the other wanted to keep it. The court had to decide whether the siblings could partition the home, meaning that they would divide the home into two separate properties, or whether the home should be sold and the proceeds divided between the siblings. The court ultimately ruled that the home could not be partitioned, and that it should be sold and the proceeds divided between the siblings.
Contact our Team of Experienced Partition Lawyers Serving the City of Agoura Hills 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 (818) 900-7700 or contact us online for a free consultation about your co-ownership issues.