Partition Attorney Los Angeles

Los Angeles Partition Attorney

Los Angeles real estate is famous for its one-of-a-kind homes perched atop hills and tucked into valleys. These homes are among the most desirable in the world. However, co-owning property in Los Angeles can create complex problems. Sometimes, one co-owner of a Los Angeles property refuses to sell or move from the property. This can become even more complicated when only one of the co-owners is paying the mortgage, taxes, insurance, repairs, and improvements. Co-owners can be former romantic partners, family members or friends, which can give rise to disputes requiring the skill of an experienced partition lawyer. If you are looking to solve your co-ownership dispute, our Los Angeles partition attorneys with experience in partition actions can help.

What is a Partition Action?

A partition action in California is the only court ordered process to bring an end to real estate co-ownership disputes. Under California Code of Civil Procedure Section 872.210, a partition action is a legal process to divide a California real estate equitably among its co-owners. When there is disagreement where one or more co-owner of a property may want to sell the property, but another co-owner does not agree to sell, a partition action can help force the sale of the property fairly and equitably among the joint owners.

The Right to Partition in California

Our partition attorneys in California bring an end to real estate co-ownership disputes. We accomplish this goal through the only court ordered process to do so: by filing a partition action in California.

Indeed, there can be nothing more frustrating than co-ownership of real estate in California. Many times, one co-owner of property is paying the mortgage, while another co-owner lives at the property without making any contribution to the property. Other times, the property was inherited, perhaps years ago, making partition the only way to unlock the value of the property. Eventually, tenancy-in-common and joint-tenancy get old, and co-owners seek to end this unhealthy property co-ownership relationship. While parties may have purchased the property as tenants-in-common because they are family, friends, or fellow investors, the relationship often turns out to be something other than the parties expected.

Fortunately, the right to a partition action is absolute in California, meaning that the right to partition a property is achievable by any co-owner, no matter how small or large their interest in the property may be. Once filed with the courts, a partition action cannot be “stopped” by a party who does not wish to sell the property unless the parties can resolve the dispute by settling. As the courts have explained, "the right to partition is absolute, and cannot be denied, ‘either because of any supposed difficulty, nor on the suggestion that the interest of the cotenants will be promoted by refusing the application or temporarily postponing action, . . .’” Priddel v. Shankie (1945) 69 Cal.App. 2d 319, 325.

This right to partition is not limited by case law, including if you became a co-owner due to a former romantic relation (other than marriage), purchased the property with a sibling, parent, or child, inherited the property, or became a co-owner in exchange for co-signing the mortgage.

What Happens in a Partition Action?

The outcome of a partition action depends on the form of partition as follows:

  1. Partition by Sale: the most common form of partition, the property will be marketed for sale and the court will allow over-bidders to appear in court. A skilled partition attorney can assist one co-owner in buying out the other co-owners through this process.
  2. Partition by Appraisal: this uncommon method allows the parties to agree on the buyer and method of appraisal of the property to allow one or more parties to be bought out.
  3. Partition in Kind: most common when the property is undeveloped, this form of partition allows the property to be physically divided. Single family homes are generally ineligible for this form of partition.

How Much Does a Partition Action Cost and Who Will Pay the Attorney’s Fees?

Perhaps the most common question we are asked is the cost of a partition action in California. Usually, the cost will range from $4,000 to $12,000, but can be higher if there are unusual issues of efforts by any party to delay the proceedings. Given our experience, we are able to win a partition action and produce a better result at a lower cost in a faster manner than many firms without such expertise. Often times, there is an uncooperative tenant or co-owner at the property who is in no rush to leave. Our experience will make sure that the occupants cooperate or pay the price both financially and possibly through paying your attorneys fees for the partition.

Recovering Offsets, Improvements, Repairs, Taxes, Mortgage Payments and Rental Value in a Partition Action

After the property is sold, every partition involves an accounting wherein owners can recover partition offsets. If one co-owner made improvements, paid the taxes or paid the mortgage, this will be the time to recoup those payments. Even further, if one co-owner has been in possession or has retained the rent, an argument can be raised to recover the rental value of the property.

Frequently Asked Questions about Partition Actions in California

The partition attorneys at Talkov Law are handling numerous partition lawsuits at any given. With our experience, we can easily answer the common questions as found in our Ultimate Guide to Partition Actions in California, including: 

  • How to file a partition action?
  • What are the pros and cons of a partition action?
  • Partition action forms
  • Can you recover payments benefiting the property in a partition action?
  • How to win a partition action?
  • How long does it take to win a partition action?
  • Can a partition action be stopped? How do you stop a partition action?
  • Affirmative defenses to a partition action
  • Do I need a partition action lawyer?
  • How do I choose a partition action attorney?

Contact a Partition Attorney in Los Angeles Today

If you are looking to end your co-ownership relationship, it is critical to protect your rights and speak to an experienced and creative real estate litigator. Call Talkov Law today at (310) 496-3300 or contact us online for a free analysis of your situation.

Our Los Angeles County lawyers serve the cities of Los Angeles, Santa Clarita, Palmdale, Pomona, Torrance, Inglewood, Compton, Carson, Santa Monica, Hawthorne, Redondo Beach, Lynwood, Gardena, Lancaster, Rancho Palos Verdes, Culver City, Manhattan Beach, Beverly Hills, Lawndale, and surrounding areas.

Talkov Law’s Partition Blog Posts:

Talkov Law
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Rene Z
Rene Z
21:32 04 May 21
Attorney Nick Moss’s responsiveness along with his patience throughout my legal dispute has been extraordinary.... Attorney Scott Talkov’s knowledge of the bankruptcy procedure has led to creative solutions to my complex legal issues. I highly recommend Talkov Law!read more
Maria Picasso
Maria Picasso
16:38 04 May 21
I am impressed with how attentive Nick Moss has been in providing me with updates on my case and in his quick response... to any questions I've had. His professionalism and values have been key in making me feel comfortable. I'm grateful to have found this wonderful law firm with a great team. Thank you Nick!!!read more
silvia Garcia
silvia Garcia
02:25 04 May 21
Nick Moss has exhibited great attention to detail and has been extremely responsive throughout his representation of... me. I would greatly recommend his services to anyone who needs assistance in a real estate dispute.read more
TRUNG Nguyen
TRUNG Nguyen
22:58 03 May 21
My first experience to this to Talkov Law Firm on partition , before I made a call I had done a lot of research on... review so far. My first impression, they are very response to the calls.1 - Customer service - Excellent2 - On time appointment schedule - Excellent3 - Professional - Excellent4 - Good Quality - very details on financial analyst in real estate document especially in gathering and organizing and analyzing proof of evidences. = Excellent.5 - Free consultation is a plus = Excellent.6 - Cost is reasonable .In addition to major factors mention above , I would give to Attorney : Mr. Nick Moss a five star rating . I have been observing the legal process once I interact with him through out comminutions . He always stay on top of handle of responses to my phone calls ; emails and messages. Stay on top of update my financial analyst report make sure it is correct and valid evidences. He explained to me in details if I had any questions or concerns. With his expertise and knowledge in real estate legal field , he knows how to protect his client that I could see through the email communications to opposing counsel CC me openly. It means his process is very transparency and let me know the status of my case instantly. Finally , I'm very happy working with Mr. Nick , however, my case have not go to an end yet . With his professionalism attitude as I observed , I believed Mr. Nick will help me get over this difficult time. I recommended .read more
Kiry Peng
Kiry Peng
16:20 03 May 21
Nick Moss and the Talkov Law team helped resolve an adversary issue quickly and efficiently. We were surprised when our... organization received the notice from the bankruptcy court that we were even part of this adversary proceeding, so we sought out a law firm that was reputable in our defense. I initially consulted with Scott, who was very knowledgeable in bankruptcy law. After discussing various strategies for our defense, Nick was then assigned to my case and we ultimately worked out a resolution in our favor. We are beyond pleased with the exemplary service we have received and highly recommend Talkov Law!read more
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