Partition Actions in Inglewood
Inglewood is a city located in southwestern Los Angeles County, California. It is bordered by the cities of Los Angeles and Culver City, and is home to the Los Angeles Rams and Los Angeles Chargers of the National Football League. The city is known for its vibrant music and entertainment scene, and is home to the iconic Hollywood Park Racetrack and Forum. Inglewood is also home to a number of parks, including Edward Vincent Jr. Park, which features a lake, playgrounds, and picnic areas. The city is served by the Inglewood Unified School District, which includes several elementary, middle, and high schools.
According to Zillow, the median home value in Inglewood, California is $541,400 as of 2021. As of the 2020 United States Census, the population of the city of Inglewood, California is 111,542.
Experienced Real Estate Partition Action Attorneys Serving Inglewood
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:
- 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).
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- 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.
Gerontopoulos v. Gerontopoulos – Partition Action Case Study
In the legal case of Gerontopoulos v. Gerontopoulos, 20 Cal.App.2d 261 (1937), the issue of partition was at the center of the dispute. The case involved a dispute between two brothers over the partition of a piece of real property that had been inherited from their father. The brothers had agreed to divide the property into two equal parts, but the agreement was never formalized. The court found that the brothers had an implied agreement to partition the property, and that the agreement was binding. The court also found that the brother who had possession of the property had a duty to partition the property in accordance with the agreement. The court ordered the brother to partition the property in accordance with the agreement, and to pay the other brother his share of the proceeds from the sale of the property.
Contact our Team of Experienced Partition Lawyers Serving the City of Inglewood 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.