Jointly Owned Property Issues in Rancho Palos Verdes
Our team of partition attorneys in Los Angeles can assist co-owners with frequently asked questions about partitions, such as:
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- 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.
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.

Our Rancho Palos Verdes Partition Attorneys Know Los Angeles County
Rancho Palos Verdes is a city located in Los Angeles County, California. It is situated on the Palos Verdes Peninsula, a coastal bluff overlooking the Pacific Ocean. The city is known for its beautiful views, rolling hills, and coastal bluffs. It is home to a variety of wildlife, including dolphins, whales, and sea lions. The city is also home to a number of parks, trails, and beaches, making it a popular destination for outdoor recreation. The city is also home to a number of upscale neighborhoods, shopping centers, and restaurants.
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.
Raisin Inv. Co. v. Magginetti – Partition Action Case Study
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 an Experienced Partition Attorney in Rancho Palos Verdes, 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 Rancho Palos Verdes 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 (310) 496-3300 or fill out a contact form online.
Contact us Today for a Free Consultation with a Partition Attorney in Rancho Palos Verdes, California
Our partition attorneys in Rancho Palos Verdes also serve Torrance, San Pedro, Redondo Beach, Palos Verdes Estates, Rolling Hills Estates, and Lomita