San Gabriel Valley Partition Lawyer

Co-Ownership Disputes

Our team of partition attorneys in Los Angeles can assist co-owners with frequently asked questions about partitions, such as:

  • Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
  • 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).
  • Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
  • 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.
  • 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.

Partition Attorney in , California - Los Angeles County Partition Lawyer

Our San Gabriel Valley Partition Attorneys Know Los Angeles County

The San Gabriel Valley is a region of Los Angeles County, California, located to the east of the city of Los Angeles. It is home to over 1.8 million people and is one of the most populous and ethnically diverse regions in the United States. The San Gabriel Valley is home to many of the most iconic cities in the Los Angeles area, including Pasadena, Alhambra, Arcadia, and El Monte. The region is known for its excellent schools, vibrant culture, and diverse economy. It is also home to some of the most popular attractions in the Los Angeles area, such as the Rose Bowl, the Huntington Library, and the Santa Anita Race Track. The San Gabriel Valley is a great place to live, work, and play.

Layvas v. Solano – Partition Action Case Study

In the legal case of Layvas v. Solano, 2002 WL 31492568, E030544 (8-Nov-2002), the issue of partition was at the center of the dispute. The plaintiff, Layvas, owned a parcel of land that was divided into two parts. The defendant, Solano, owned the other part. Layvas sought to partition the land, which would have required Solano to either buy out Layvas’s share or to sell his own share to Layvas. Solano refused to do either, and Layvas sued. The court found that partition was appropriate and ordered Solano to either buy out Layvas’s share or to sell his own share to Layvas. The court also ordered that the partition be done in a manner that would be fair and equitable to both parties.

Contact an Experienced Partition Attorney in San Gabriel Valley, California

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our experienced partition lawyers serving 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 a knowledgeable partition attorney at Partition Lawyer California, call (626) 777-3300 or fill out a contact form online.

Contact us Today for a Free Consultation with a Partition Attorney in San Gabriel Valley, California