Palos Verdes Estates Partition Lawyer

Partition Actions in Palos Verdes Estates

Palos Verdes Estates is a city located in Los Angeles County, California. It is situated on the Palos Verdes Peninsula, a coastal bluff overlooking the Pacific Ocean. The city is known for its rolling hills, lush gardens, and stunning ocean views. It is home to some of the most expensive real estate in the United States, and is a popular destination for celebrities and the wealthy. The city is also home to a variety of outdoor activities, including hiking, biking, and golfing. Palos Verdes Estates is a beautiful and exclusive city that offers its residents a luxurious lifestyle.

According to Zillow, the median home value in Palos Verdes Estates is $2,092,400 as of 2021. As of the 2020 census, the population of Palos Verdes Estates, California was 13,438.

Experienced Real Estate Partition Action Attorneys Serving Palos Verdes Estates

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 is that these statutes provide 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 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.
  • 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 is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
  • How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
  • 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 Palos Verdes Estates 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

    Abarca v. Ferber – Partition Action Case Study

    In the legal case of Abarca v. Ferber, 2011 WL 175710, C062049 (20-Jan-2011) , the issue of partition was at the center of the dispute. The plaintiff, Abarca, and the defendant, Ferber, were co-owners of a parcel of real property. Abarca sought to partition the property, while Ferber opposed the partition. The court found that the parties had an implied agreement to partition the property, and that Abarca was entitled to a partition of the property. The court also found that Ferber had failed to provide sufficient evidence to support his claim that the partition would be detrimental to the value of the property. The court ultimately ordered a partition of the property, and ordered Ferber to pay Abarca’s costs and attorney’s fees.

    Contact our Team of Experienced Partition Lawyers Serving the City of Palos Verdes Estates, County of Los Angeles, California

    Our Palos Verdes Estates partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law unlocks access to justice for co-owners by funding your case. For qualified cases, you pay no fees until we successfully partition your property by obtaining a sale on the market or to your co-owner! For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (310) 496-3300 or contact us online today.

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    Phone: (310) 496-3300

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