Experienced Partition Action Lawyers in Rancho Palos Verdes
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. The valuable real estate in Rancho Palos Verdes 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.
- What is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
- 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 Rancho Palos Verdes
Partition actions are common in the City of Rancho Palos Verdes.
Rancho Palos Verdes, California, is a city located in Los Angeles County. It was originally part of the Spanish land grant known as Rancho de los Palos Verdes, which was granted to Juan Jose Dominguez in 1784. The land was used for cattle grazing and farming until the early 1900s, when it was subdivided and developed into residential neighborhoods. The city was incorporated in 1973 and has since become a popular residential area, known for its scenic views of the Pacific Ocean and its many parks and trails.
Rancho Palos Verdes includes the zip code of 90275.
Partition Actions Under California Law
Raisin Inv. Co. v. Magginetti
In the legal case of Raisin Inv. Co. v. Magginetti, 109 Cal.App.2d 163 (1952), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a parcel of real property. The plaintiff, Raisin Investment Company, owned a one-half interest in the property, while the defendant, Magginetti, owned the other half. The plaintiff sought to partition the property, arguing that it was not capable of being used in common by the two owners. The defendant argued that the property was capable of being used in common and that partition would be detrimental to both parties. The court ultimately found that the property was capable of being used in common and denied the plaintiff’s request for partition. The court also held that partition would be detrimental to both parties and that the plaintiff was not entitled to a partition of the property.
Contact our Team of Experienced Partition Lawyers Serving the City of Rancho Palos Verdes, California
Contact Experienced Partition Attorney Scott Talkov
(310) 496-3300
Experienced California Partition Attorney Serving Rancho Palos Verdes
When faced with a disagreement with your co-owner regarding the sale of your property in Rancho Palos Verdes, 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 Rancho Palos Verdes, 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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