Jointly Owned Property Issues in Los Angeles
Our team of partition attorneys in Los Angeles can assist co-owners with frequently asked questions about partitions, such as:
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
- 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 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.

Our Van Nuys Partition Attorneys Know Los Angeles County
Van Nuys is a neighborhood in the San Fernando Valley region of Los Angeles, California. It is bordered by the communities of Sherman Oaks to the east, North Hills to the north, Panorama City to the south, and Valley Glen to the west. The neighborhood is home to a diverse population, with a mix of residential, commercial, and industrial areas. It is also home to the Van Nuys Airport, one of the busiest general aviation airports in the world. The area is known for its vibrant nightlife, with a variety of bars, restaurants, and clubs. It is also home to the Van Nuys Recreation Center, which offers a variety of recreational activities for all ages.
Van Nuys is a neighborhood in the central San Fernando Valley region of Los Angeles, California. It was founded in 1911 by Isaac Newton Van Nuys, a successful businessman and one of the Valley’s first settlers. The area was originally a farming community, but it quickly grew into a bustling suburb of Los Angeles. In the 1920s, Van Nuys was home to a large number of movie studios, including the famous Mack Sennett Studios. During the 1950s and 1960s, the area experienced a population boom, and it became a major shopping and entertainment destination. Today, Van Nuys is a vibrant, diverse community with a variety of businesses, restaurants, and attractions.
Bradley v. Bradley – Partition Action Case Study
In the legal case of Bradley v. Bradley, 2010 WL 1692310, B218626 (28-Apr-2010), the partition issues revolved around the division of a family-owned property. The property was owned by the Bradleys, a married couple, and was located in Los Angeles County. The couple had been married for over 40 years and had two adult children. The couple had agreed to divide the property into two separate parcels, with one parcel going to each of the children. However, the couple had not been able to agree on the terms of the partition, and the wife had filed a partition action in court. The court ultimately ruled in favor of the wife, ordering the property to be divided into two separate parcels and awarding each of the children a parcel. The court also ordered the husband to pay the wife’s attorney’s fees.
Contact an Experienced Partition Attorney in Van Nuys, 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 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 (818) 900-7700 or fill out a contact form online.
Contact us Today for a Free Consultation with a Partition Attorney in Van Nuys, California
Our partition attorneys in Van Nuys also serve Sherman Oaks, Encino, North Hollywood, Panorama City, Reseda, and Lake Balboa