Partition Actions in Hermosa Beach
Hermosa Beach is a beachfront city located in Los Angeles County, California. It is situated on the Pacific Ocean, just south of the larger city of Redondo Beach. Hermosa Beach is known for its laid-back atmosphere, beautiful beaches, and vibrant nightlife. The city is home to a variety of restaurants, bars, and shops, as well as a number of popular beach activities such as surfing, volleyball, and beach volleyball. Hermosa Beach is also home to the Hermosa Beach Pier, which is a popular spot for fishing, sightseeing, and watching the sunset.
According to Zillow, the median home value in Hermosa Beach, Los Angeles County, California is $1,845,000 as of 2021. As of the 2020 United States Census, the population of Hermosa Beach, California was 19,945.
Experienced Real Estate Partition Action Attorneys Serving Hermosa Beach
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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not feasible, it may order the property to be sold and the proceeds divided among the co-owners.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
- 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 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.
- 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.
Righetti v. Righetti – Partition Action Case Study
In the legal case of Righetti v. Righetti, 2006 WL 3354026, B185392 (20-Nov-2006) , the partition issues revolved around the division of a family-owned ranch. The plaintiff, the son of the original owner, sought to partition the ranch into two separate parcels, one for himself and one for his siblings. The defendant siblings argued that the ranch should remain intact and that the plaintiff should be compensated for his share of the ranch. The court ultimately ruled in favor of the plaintiff, ordering the ranch to be partitioned into two separate parcels. The court also ordered that the plaintiff be compensated for his share of the ranch.
Contact our Team of Experienced Partition Lawyers Serving the City of Hermosa Beach 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 (310) 496-3300 or contact us online for a free consultation about your co-ownership issues.