Experienced Partition Action Lawyers in Beverly Hills
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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners. The valuable real estate in Beverly Hills often creates disagreements between co-owners that can only be solved by a Los Angeles partition attorney skilled in the judicial procedures in Los Angeles County.
- How does a partition action work in California?
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
- What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
Partition Actions in Beverly Hills
Partition actions are common in the City of Beverly Hills.
Beverly Hills, California was founded in 1914 by Burton E. Green, Charles E. Toberman, and William H. Wilcox. The city was named after Beverly Farms in Massachusetts and was incorporated in 1914. The city was initially developed as a residential area for the wealthy and was home to many celebrities and movie stars. Beverly Hills was the first city in the United States to have its own police and fire departments. In the 1920s, the city was home to many of the movie industry’s biggest stars, including Mary Pickford, Douglas Fairbanks, and Rudolph Valentino. In the 1930s, Beverly Hills became a popular tourist destination, with the opening of the Beverly Hills Hotel and the Beverly Wilshire Hotel. The city also became known for its high-end shopping, with the opening of Rodeo Drive in the 1950s. Today, Beverly Hills is one of the most affluent cities in the United States and is home to many celebrities, luxury hotels, and high-end shopping. The city is also home to the famous Beverly Hills sign, which is located at the intersection of Wilshire Boulevard and Santa Monica Boulevard.
Beverly Hills includes the zip codes of 90210, 90211, 90212.
Partition Actions Under California Law
Schmidt v. Etter
In the legal case of Schmidt v. Etter, Not Reported in Cal.Rptr.2d (2002), the court was tasked with determining the validity of a partition agreement between two parties. The agreement stated that the parties would divide a parcel of land into two separate parcels, with each party receiving one parcel. The court found that the agreement was invalid because it did not provide for a method of partitioning the land. The court also found that the agreement did not provide for a method of determining the value of the land, nor did it provide for a method of determining the costs associated with the partition. Additionally, the court found that the agreement did not provide for a method of determining the rights and obligations of the parties with respect to the partition. As a result, the court found that the agreement was invalid and unenforceable.
Contact our Team of Experienced Partition Lawyers Serving the City of Beverly Hills, California
Contact Experienced Partition Attorney Scott Talkov
(310) 496-3300
Experienced California Partition Attorney Serving Beverly Hills
When faced with a disagreement with your co-owner regarding the sale of your property in Beverly Hills, our partition attorneys in Los Angeles County are here to safeguard your rights and expedite the resolution process through court intervention. With extensive expertise in resolving co-ownership disputes in Beverly Hills, California, we can assist you in unlocking the value of your property. To schedule a complimentary 15-minute consultation with one of our dedicated partition attorneys at Partition Los Angeles, simply reach out to us via phone at (310) 496-3300 or complete an online contact form.
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