Partition Actions in Rolling Hills
Rolling Hills is a small, affluent city located in Los Angeles County, California. It is known for its rolling hills, equestrian trails, and large estates. The city is home to many celebrities and business executives, and is one of the wealthiest cities in the United States. Rolling Hills is a quiet, peaceful community with a low crime rate and excellent schools. The city is also home to the Rolling Hills Country Club, which offers golf, tennis, and swimming. The city is surrounded by nature, with many parks and trails for hiking and biking. Rolling Hills is a great place to live for those who want to enjoy the beauty of nature and the convenience of city life.
According to Zillow, the median home value in Rolling Hills, Los Angeles County, California is $3,845,000. The population of Rolling Hills, California is 1,860 as of the 2010 census.
Experienced Real Estate Partition Action Attorneys Serving Rolling Hills
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 done 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 be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- 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.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
- 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).
Ramirez v. Superior Court – Partition Action Case Study
In the legal case of Ramirez v. Superior Court, 2005 WL 2671338, B184175 (20-Oct-2005) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, but had never agreed on how to divide the property. The court was asked to decide whether the siblings should be allowed to partition the property, or if the court should order the sale of the property and divide the proceeds. The court ultimately ruled that the siblings should be allowed to partition the property, as long as they could agree on a fair and equitable division.
Contact our Team of Experienced Partition Lawyers Serving the City of Rolling Hills 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.