Partition Actions in Hidden Hills
Hidden Hills is a small, affluent city located in Los Angeles County, California. It is located in the foothills of the Santa Monica Mountains, and is surrounded by the cities of Calabasas and Woodland Hills. The city is known for its large, luxurious homes and its strict security measures, which include a 24-hour guard at the city’s two entrances. The city is home to many celebrities, including Kim Kardashian and Kanye West. The city is also home to a variety of parks, trails, and open spaces, making it a great place for outdoor activities.
According to Zillow, the median home value in Hidden Hills, Los Angeles County, California is $2,845,000. As of the 2010 census, the population of Hidden Hills, California was 1,856.
Experienced Real Estate Partition Action Attorneys Serving Hidden Hills
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 are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- 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.
- 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).
Matza v. Superior Court – Partition Action Case Study
In the legal case of Matza v. Superior Court, 2012 WL 5077892, A136755 (18-Oct-2012) , the issue of partition was at the center of the dispute. The plaintiff, Matza, owned a parcel of land with two other individuals, and the three of them had agreed to partition the land. However, the other two individuals refused to sign the partition agreement, and Matza sought a court order to compel them to do so. The court found that the partition agreement was valid and enforceable, and ordered the other two individuals to sign it. The court also found that the partition agreement was not subject to any partition issues, such as unequal division of the land or any other issues that could arise from the partition.
Contact our Team of Experienced Partition Lawyers Serving the City of Hidden 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.