Experienced Partition Action Lawyers in Lakewood
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 Lakewood 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 long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
- 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.
- 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.
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
- 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).
Partition Actions in Lakewood
Partition actions are common in the City of Lakewood.
Lakewood is a city located in Los Angeles County, California. It was incorporated in 1954 and is one of the oldest cities in the county. The area was originally inhabited by the Tongva people, who were later displaced by Spanish settlers in the late 1700s. The area was then part of the Rancho Los Alamitos land grant, which was divided into parcels in the late 1800s. The area was then developed as a farming community, with the first subdivision being built in the 1920s. The city was officially incorporated in 1954 and has since grown to become a major suburb of Los Angeles.
Lakewood includes the zip codes of 90711, 90712, 90713, 90714, 90715.
Partition Actions Under California Law
Jacquemart v. Jacquemart
In the legal case of Jacquemart v. Jacquemart, 142 Cal.App.2d 794 (1956), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their father’s estate. The siblings had inherited the estate upon their father’s death, and the court was tasked with determining how to divide the estate between them. The court ultimately determined that the estate should be divided into two equal parts, with each sibling receiving one half. The court also determined that the siblings should be allowed to choose which half of the estate they would receive. This decision was based on the fact that the siblings had different needs and interests, and thus it would be unfair to force them to accept a partition that did not take into account their individual needs and interests.
Contact our Team of Experienced Partition Lawyers Serving the City of Lakewood, California
Contact Experienced Partition Attorney Scott Talkov
(562) 600-3300
Experienced California Partition Attorney Serving Lakewood
When faced with a disagreement with your co-owner regarding the sale of your property in Lakewood, 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 Lakewood, 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 (562) 600-3300 or complete an online contact form.
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