San Pedro Partition Lawyer

Partition Actions in San Pedro

San Pedro is a neighborhood located in the South Bay region of Los Angeles, California. It is bordered by the communities of Wilmington to the north, Harbor City to the east, and Long Beach to the south. The area is known for its strong maritime history, with the Port of Los Angeles located in the neighborhood. San Pedro is also home to the Los Angeles Maritime Museum, the USS Iowa battleship, and the Angels Gate Cultural Center. The area is known for its diverse population, with a mix of cultures and ethnicities. It is also home to a variety of restaurants, shops, and entertainment venues.

The median home value in the Los Angeles neighborhood of San Pedro, according to Zillow, is $637,000. According to the U.S. Census Bureau, there were approximately 28,845 households in San Pedro, Los Angeles, California in 2019.

Experienced Real Estate Partition Action Attorneys Serving San Pedro

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:

  • Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
  • 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.
  • 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 are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
  • 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.

Speak to Our San Pedro 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

    McCabe v. Ford – Partition Action Case Study

    In the legal case of McCabe v. Ford, 2003 WL 352639, H023859 (13-Feb-2003), the issue of partition was at the center of the dispute. The plaintiff, McCabe, owned a parcel of land that was divided into two parts by a road. The defendant, Ford, owned the portion of the land on the other side of the road. McCabe sought to partition the land, which would have required Ford to give up his portion of the land in exchange for a portion of McCabe’s land. Ford refused to do so, arguing that the partition would be inequitable and that he had a right to the land he owned. The court ultimately ruled in favor of Ford, finding that the partition would be inequitable and that Ford had a right to the land he owned.

    Contact our Team of Experienced Partition Lawyers Serving San Pedro

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

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