Partition Attorney in Rolling Hills Estates, California

Partition Lawyer Rolling Hills Estates Los Angeles California Attorney Partition Action

Experienced Partition Action Lawyers in Rolling Hills Estates

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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action. The valuable real estate in Rolling Hills 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.

  • Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
  • Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
  • Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
  • 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 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.

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Partition Actions in Rolling Hills Estates

Partition actions are common in the City of Rolling Hills Estates.

Rolling Hills Estates was founded in 1957 by A.E. Hanson, a prominent local real estate developer. The area was originally part of the larger Rancho Palos Verdes, which was divided into several smaller communities. Rolling Hills Estates was the first of these communities to be developed, and it was designed to be a luxurious residential area with large lots and expansive views. The area quickly became popular with affluent families, and it remains one of the most exclusive communities in the Los Angeles area.

Rolling Hills Estates includes the zip code of 90274.

Partition Actions Under California Law

Pippins v. Estate of Young

In the legal case of Pippins v. Estate of Young, 2015 WL 6150603, A142022 (19-Oct-2015) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their deceased mother’s estate. The siblings had inherited the estate from their mother, who had died intestate. The siblings had agreed to partition the estate, but had failed to do so. The court was asked to determine whether the siblings had agreed to partition the estate and, if so, how the partition should be accomplished. The court found that the siblings had agreed to partition the estate, but had failed to do so. The court then ordered the partition of the estate according to the terms of the agreement. The court also ordered the siblings to pay the costs of the partition.

Contact our Team of Experienced Partition Lawyers Serving the City of Rolling Hills Estates, California

Contact Experienced Partition Attorney Scott Talkov

(310) 496-3300

Experienced California Partition Attorney Serving Rolling Hills Estates

When faced with a disagreement with your co-owner regarding the sale of your property in Rolling Hills 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 Rolling Hills 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 Rolling Hills Estates partition attorneys also serve the nearby areas of Palos Verdes Estates, Rancho Palos Verdes, Torrance, and San Pedro.