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Malibu Partition Lawyer

Partition Actions in Malibu

Malibu is a beach city located in Los Angeles County, California. It is known for its Mediterranean climate, its 21 miles of coastline, and its celebrity residents. Malibu is home to some of the most beautiful beaches in the world, including Zuma Beach, Surfrider Beach, and El Matador State Beach. It is also home to many upscale restaurants, shopping centers, and entertainment venues. Malibu is a popular destination for tourists and locals alike, offering a variety of activities such as surfing, swimming, hiking, and horseback riding.

According to Zillow, the median home value in Malibu, California is $2,845,000. As of the 2020 United States Census, the population of the Malibu area of California was 12,873.

Experienced Real Estate Partition Action Attorneys Serving Malibu

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:

  • 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.
  • Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
  • What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
  • Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
  • 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.

Speak to Our Malibu Partition Attorneys Today

Call our Los Angeles County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (310) 496-3300 or contact us below to schedule a free, 15-minute consultation

    Kraft v. Krausch – Partition Action Case Study

    In the legal case of Kraft v. Krausch, 2003 WL 22430209, C043271 (27-Oct-2003) , is a legal case involving a dispute over the partition of a parcel of real property. The dispute arose when the parties, Kraft and Krausch, were unable to agree on the terms of a partition agreement. Kraft argued that the parcel should be divided into two equal parts, while Krausch argued that the parcel should be divided into three parts, with two parts going to Kraft and one part going to Krausch. The court ultimately ruled in favor of Kraft, finding that the parcel should be divided into two equal parts. The court also found that Krausch was not entitled to any additional compensation for his share of the parcel. The case highlights the importance of parties coming to an agreement on the terms of a partition agreement before taking the matter to court.

    Contact our Team of Experienced Partition Lawyers Serving the City of Malibu 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.

    Talkov Law Los Angeles Office

    10880 Wilshire Blvd Ste 1101
    Los Angeles, CA 90024
    Phone: (310) 496-3300

    Talkov Law Offices

    Our partition attorneys in Malibu also serve Pacific Palisades, Topanga, Calabasas, Agoura Hills, and Santa Monica.

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