Partition Actions in Pasadena
Pasadena is a city in Los Angeles County, California, United States. It is located 10 miles (16 km) northeast of Downtown Los Angeles. Pasadena is the ninth-largest city in Los Angeles County. Pasadena was incorporated on June 19, 1886, becoming one of the first cities to be incorporated in what is now Los Angeles County, following the city of Los Angeles (April 4, 1850). It is one of the primary cultural centers of the San Gabriel Valley. Pasadena is known for its history and grandeur. The city is home to the renowned California Institute of Technology (Caltech), the Pasadena Playhouse, the Norton Simon Museum of Art, the Rose Bowl, and the annual Tournament of Roses Parade and Rose Bowl Game. It is also home to many scientific and cultural institutions, including the Jet Propulsion Laboratory (JPL), the Pasadena City College, Fuller Theological Seminary, ArtCenter College of Design, the Pasadena Symphony Orchestra, the Pasadena Pops Orchestra, and the Pacific Asia Museum.
According to Zillow, the median home value in Pasadena, California is $817,400. As of 2020, the population of the Pasadena, California area is estimated to be 142,059.
Experienced Real Estate Partition Action Attorneys Serving Pasadena
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in the area of California partition actions. California partition actions provide a legal mechanism for co-owners of real property to divide the property among themselves. The partition statutes allow a co-owner to file a lawsuit in court to have the property divided, either physically or by sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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 California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
- 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.
- What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
Drake v. Tucker – Partition Action Case Study
In the legal case of Drake v. Tucker, 43 Cal.App. 53 (1919), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a piece of real estate. The plaintiff, Drake, sought to partition the property, while the defendant, Tucker, argued that the property could not be partitioned because it was a single, indivisible parcel. The court ultimately ruled in favor of Drake, finding that the property could be partitioned, and that Tucker was not entitled to any special rights or privileges with respect to the property. The court also held that the partition should be made in accordance with the laws of the state of California.
Contact our Team of Experienced Partition Lawyers Serving the City of Pasadena 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 (626) 777-3300 or contact us online for a free consultation about your co-ownership issues.
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300