Partition Actions in Covina
Covina is a city located in Los Angeles County, California. It is located about 22 miles east of downtown Los Angeles and is part of the San Gabriel Valley. The city is known for its small-town charm and friendly atmosphere. Covina is home to a variety of attractions, including the Covina Valley Historical Museum, the Covina Center for the Performing Arts, and the Covina Bowl. The city also has a variety of parks, including Covina Park, which features a lake, picnic areas, and a playground. Covina is a great place to live, work, and play.
According to Zillow, the median home value in Covina, California is $541,400 as of 2021. As of the 2020 United States Census, the population of Covina, California is 49,717.
Experienced Real Estate Partition Action Attorneys Serving Covina
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:
- 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.
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- Who pays for a partition action? In California, 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 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.
- 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.
Patrick v. Alacer Corp. – Partition Action Case Study
In the legal case of Patrick v. Alacer Corp., 201 Cal.App.4th 1326 (2011), the issue of partition was at the center of the dispute. The plaintiff, Patrick, owned a one-half interest in a parcel of real property with the defendant, Alacer Corp. Patrick sought to partition the property, while Alacer Corp. argued that partition was not appropriate because the property was held in joint tenancy. The court found that partition was appropriate because the joint tenancy had been severed by the death of one of the joint tenants, and that the property should be divided into two separate parcels. The court also found that the partition should be done in a manner that would not cause undue hardship to either party.
Contact our Team of Experienced Partition Lawyers Serving the City of Covina 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 (626) 777-3300 or contact us online for a free consultation about your co-ownership issues.