Partition Actions in Calabasas
Calabasas is a city located in Los Angeles County, California. It is located in the hills of the Santa Monica Mountains and is part of the Greater Los Angeles Area. The city is known for its affluent population and exclusive gated communities. It is home to many celebrities and is known for its high-end shopping and dining. Calabasas is also home to the Calabasas Park and the Calabasas Country Club. The city is also home to the Calabasas Tennis and Swim Center, the Calabasas Library, and the Calabasas Lake.
According to Zillow, the median home value in Calabasas, Los Angeles County, California is $1,541,400 as of 2021. As of the 2020 United States Census, the population of the California area of Calabasas was 23,058.
Experienced Real Estate Partition Action Attorneys Serving Calabasas
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in the area of California partition actions. California partition actions allows for the partition of real property owned by two or more persons. This statute provides a legal mechanism for the division of real property when the owners cannot agree on how to divide the property. The partition statutes allow for the court to order the sale of the property and the division of the proceeds among the owners. The partition statutes also allows for the court to order the physical division of the property if it is feasible. The partition statutes also provide for the court to order the partition of the property by allotment, which is when the court assigns each owner a specific portion of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
- What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
- 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.
- 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.
- How does a partition action work in California?
Waterman v. Lawrence – Partition Action Case Study
In the legal case of Waterman v. Lawrence, 19 Cal. 210 (1861), the issue was whether a partition of land could be made between two parties who had conflicting claims to the same property. The plaintiff, Waterman, had purchased the land from the original owner, while the defendant, Lawrence, had obtained a deed from the same owner, but after Waterman had already purchased the land. The court held that the partition could not be made, as it would be inequitable to allow Lawrence to receive any portion of the land, since he had no legal claim to it. The court also noted that the partition would be contrary to public policy, as it would encourage people to purchase land without first ensuring that they had clear title to it.
Contact our Team of Experienced Partition Lawyers Serving the City of Calabasas 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.