Partition Actions in Torrance
Torrance is a city located in the South Bay region of Los Angeles County, California. It is the eighth-largest city in Los Angeles County and the 33rd-largest city in California. Torrance is known for its low crime rate, excellent schools, and beautiful beaches. The city is home to a variety of businesses, including aerospace, automotive, and medical technology companies. Torrance is also home to a number of parks, golf courses, and recreational facilities. The city is also known for its vibrant arts and culture scene, with a number of galleries, museums, and performing arts venues.
According to Zillow, the median home value in Torrance, California is $717,400 as of 2021. As of 2020, the population of the California area of Torrance is 147,478.
Experienced Real Estate Partition Action Attorneys Serving Torrance
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 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:
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- 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).
- How does a partition action work in California?
Donlon v. Donlon – Partition Action Case Study
In the legal case of Donlon v. Donlon, 155 Cal.App.2d 362 (1957), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a family home. The siblings had inherited the home from their parents, and the plaintiff, the brother, wanted to partition the home so that each sibling could have their own separate residence. The defendant, the sister, argued that the home should remain undivided, as it had been for many years. The court ultimately ruled in favor of the plaintiff, finding that the partition of the home was necessary to ensure that each sibling had their own separate residence. The court also noted that the partition would not cause any significant harm to either sibling, and that it was in the best interests of both parties to divide the home.
Contact our Team of Experienced Partition Lawyers Serving the City of Torrance 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.