Redondo Beach Partition Lawyer

Partition Actions in Redondo Beach

Redondo Beach is a coastal city located in the South Bay region of Los Angeles County, California. It is known for its beautiful beaches, pier, and marina. Redondo Beach is home to a variety of restaurants, shops, and entertainment venues. The city is also home to a number of parks, including the Redondo Beach Pier, King Harbor Marina, and the Redondo Beach Historic Library. Redondo Beach is a popular destination for tourists and locals alike, offering a variety of activities and attractions.

According to Zillow, the median home value in Redondo Beach, California is $1,072,400 as of 2021. As of the 2020 United States Census, the population of Redondo Beach, California was 66,748.

Experienced Real Estate Partition Action Attorneys Serving Redondo Beach

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 force the sale of the property if they cannot agree on how to divide it. The partition statutes also set out the procedures for the sale of the property and how the proceeds of the sale will be divided among the co-owners. The partition statutes also provide for the payment of costs associated with the sale of the property.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

• Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
• Who pays for a partition action? In California, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
• What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
• Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
• Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.