Partition Actions in Santa Clarita
Santa Clarita is a city located in northern Los Angeles County, California. It is the third largest city in Los Angeles County and the twenty-fourth largest city in the state of California. Santa Clarita is known for its beautiful scenery, outdoor activities, and family-friendly atmosphere. The city is home to Six Flags Magic Mountain, the Santa Clarita Valley Historical Society, and the William S. Hart Museum. Santa Clarita is also home to several major corporations, including Princess Cruises, Henry Mayo Newhall Hospital, and the Valencia Town Center. The city is served by the Santa Clarita Valley International Airport and is connected to Los Angeles by the Metrolink commuter rail system. Santa Clarita is a great place to live, work, and play.
According to Zillow, the median home value in Santa Clarita, California is $541,400 as of 2021. As of 2019, the population of the Santa Clarita area of California is estimated to be around 211,000 people.
Experienced Real Estate Partition Action Attorneys Serving Santa Clarita
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:
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- 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.
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
Cathcart v. Redlands Sec. Co. – Partition Action Case Study
In the legal case of Cathcart v. Redlands Sec. Co., 67 Cal.App.2d 591 (1945), the issue of partition was at the center of the dispute. The plaintiff, Cathcart, owned a parcel of land with two other individuals, and the defendants, Redlands Security Company, held a mortgage on the property. Cathcart sought to partition the property, but the defendants argued that the partition would be detrimental to their security interest. The court ultimately held that the partition could not be denied, but that the defendants had the right to be compensated for any damages that might result from the partition. The court also held that the defendants had the right to be heard on the issue of damages before the partition was allowed to proceed.
Contact our Team of Experienced Partition Lawyers Serving the City of Santa Clarita 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 (661) 999-3300 or contact us online for a free consultation about your co-ownership issues.