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Calabasas Partition Lawyer

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. 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 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:

  • What is a partition action and when is it necessary?
  • 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.
  • 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.
  • 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.
  • 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.

Speak to Our Calabasas 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

    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.

    Talkov Law Los Angeles Office

    10880 Wilshire Blvd Ste 1101
    Los Angeles, CA 90024
    Phone: (310) 496-3300

    Talkov Law Offices

    Our partition attorneys in Calabasas also serve Woodland Hills, West Hills, Agoura Hills, Hidden Hills, Topanga, and Malibu.

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