Experienced Partition Action Lawyers in Palos Verdes Estates
California partition actions allows for the partition of real property owned by two or more persons. This statute provides a legal mechanism for the division of real property when the owners cannot agree on how to divide the property. The partition statutes allow for the court to order the sale of the property and the division of the proceeds among the owners. The partition statutes also allows for the court to order the physical division of the property if it is feasible. The partition statutes also provide for the court to order the partition of the property by allotment, which is when the court assigns each owner a specific portion of the property. The valuable real estate in Palos Verdes Estates 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?
- 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 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.
- What is a partition action and when is it necessary?
- What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
Partition Actions in Palos Verdes Estates
Partition actions are common in the City of Palos Verdes Estates.
Palos Verdes Estates was founded in 1923 by Frank A. Vanderlip, a former president of the National City Bank of New York. Vanderlip purchased the land from the Palos Verdes Corporation, which was owned by a group of investors that included the Harriman railroad fortune and the J. Paul Getty oil fortune. The city was incorporated in 1939 and is known for its large estates, rolling hills, and ocean views. The city is also home to the Palos Verdes Peninsula Land Conservancy, which works to preserve the area’s natural beauty and wildlife.
Palos Verdes Estates includes the zip code of 90274.
Partition Actions Under California Law
Abarca v. Ferber
In the legal case of Abarca v. Ferber, 2011 WL 175710, C062049 (20-Jan-2011) , the issue of partition was at the center of the dispute. The plaintiff, Abarca, and the defendant, Ferber, were co-owners of a parcel of real property. Abarca sought to partition the property, while Ferber opposed the partition. The court found that the parties had an implied agreement to partition the property, and that Abarca was entitled to a partition of the property. The court also found that Ferber had failed to provide sufficient evidence to support his claim that the partition would be detrimental to the value of the property. The court ultimately ordered a partition of the property, and ordered Ferber to pay Abarca’s costs and attorney’s fees.
Contact our Team of Experienced Partition Lawyers Serving the City of Palos Verdes Estates, California
Contact Experienced Partition Attorney Scott Talkov
(310) 496-3300
Experienced California Partition Attorney Serving Palos Verdes Estates
When faced with a disagreement with your co-owner regarding the sale of your property in Palos Verdes Estates, 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 Palos Verdes Estates, 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.
Our Palos Verdes Estates partition attorneys also serve the nearby areas of Rolling Hills Estates, Rancho Palos Verdes, Redondo Beach, Torrance, and San Pedro.