Partition Actions in Lancaster
Lancaster is a city located in the Antelope Valley of the western Mojave Desert in northern Los Angeles County, California. It is located approximately 70 miles (110 km) north of downtown Los Angeles. Lancaster is part of a twin city complex with its southern neighbor Palmdale and together they are the principal cities within the Antelope Valley region and California’s High Desert. Lancaster is known for its sunny weather, wide open spaces, and affordable housing. The city is home to a variety of attractions, including the Lancaster Performing Arts Center, the Lancaster Museum of Art and History, and the Lancaster National Soccer Center. The city also hosts a variety of festivals and events throughout the year, including the Lancaster Jazz and Blues Festival, the Lancaster Music Festival, and the Lancaster International Film Festival.
According to Zillow, the median home value in Lancaster, California is $320,000. As of 2020, the population of the California area of Lancaster is 159,633.
Experienced Real Estate Partition Action Attorneys Serving Lancaster
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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- How does a partition action work in California?
- 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.
- 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.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
Cunningham v. Frymire – Partition Action Case Study
In the legal case of Cunningham v. Frymire, 160 Cal.App.2d 726 (1958), the issue of partition arose when the parties disagreed over the division of a parcel of land. The plaintiff, Cunningham, owned a parcel of land that was divided into two parts. The defendant, Frymire, owned the other part. The parties disagreed over the division of the land, with Cunningham claiming that the land should be divided equally and Frymire claiming that the land should be divided according to the value of each part. The court ultimately ruled in favor of Cunningham, finding that the land should be divided equally. The court also found that Frymire was not entitled to any compensation for the value of his part of the land.
Contact our Team of Experienced Partition Lawyers Serving the City of Lancaster 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 (661) 999-3300 or contact us online for a free consultation about your co-ownership issues.