Understanding Co-Ownership in Los Angeles County
Our team of partition attorneys in Los Angeles can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- 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).
- What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
- 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.

Our Eagle Rock Partition Attorneys Know Los Angeles County
Eagle Rock is a neighborhood in the northeastern part of Los Angeles, California. It is bordered by the cities of Glendale and Pasadena, and is home to Occidental College. The neighborhood is known for its diverse population, its vibrant arts and culture scene, and its many restaurants and shops. It is also home to the Eagle Rock Recreation Center, which offers a variety of activities for all ages. The area is also known for its beautiful views of the San Gabriel Mountains and the Los Angeles skyline.
Eagle Rock is a neighborhood in the northeastern part of Los Angeles, California. It is bordered by Glendale to the north, Highland Park to the east, Glassell Park to the south, and the Los Angeles River to the west. The area was originally part of the Rancho San Rafael land grant, and was named for a large rock outcropping that resembled an eagle with its wings outstretched. The area was developed in the early 20th century, and was annexed to the City of Los Angeles in 1923. The area is home to Occidental College, Eagle Rock Plaza, and the Eagle Rock Recreation Center. The neighborhood is also known for its vibrant arts and music scene, and is home to a number of popular restaurants and bars.
Tavares v. Varain – Partition Action Case Study
In the legal case of Tavares v. Varain, 2005 WL 236385, F043760 (26-Jan-2005), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a parcel of land that had been inherited from their father. The siblings had agreed to divide the land into two equal parts, but the defendant argued that the plaintiff had not followed the agreed-upon partition plan. The defendant argued that the plaintiff had taken more than his fair share of the land, and that the partition was not equal. The court ultimately found in favor of the defendant, ruling that the partition was not equal and that the plaintiff had taken more than his fair share of the land.
Contact an Experienced Partition Attorney in Eagle Rock, California
If you want to end your co-ownership relationship, but your co-owner refuses, a partition action is your only option. Our experienced partition lawyers serving Los Angeles have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Los Angeles County property. For a free, 15-minute consultation with an experienced partition attorney at Partition Lawyer California, call (213) 933-3300 or fill out a contact form online.
Contact us Today for a Free Consultation with a Partition Attorney in Eagle Rock, California
Our partition attorneys in Eagle Rock also serve Highland Park, Glendale, Pasadena, Mount Washington, and Los Feliz