Who Pays for Partition Action in California?

Inheritances might seem like a thing of the past, but they’re actually on the rise in America. Over 14 million more households intended to leave an inheritance in 2022 than in 2015. If you’ve ever been on the receiving end of an inheritance, then you know that they can be quite tricky, especially if they include real estate.

If you and your siblings receive a real estate inheritance, then a partition action may be prudent. Who pays for a partition action, though? Read on for the answers to all of your questions!

What Is a Partition Action?

A partition action is a legal term that refers to a manner in which courts divide up property between people. It does not apply when two people claim they have sole ownership of a piece of property. People seeking partition action lawsuits typically have the same ownership rights to a piece of property and desire different outcomes.

The court takes the case and decides what should happen to the property. The most common outcome is a public sale of the property, though private sales are also a possibility. Regardless, following the sale of the property, the interested parties receive their share of the assets from the sale.

When Are Partition Actions Necessary?

People file partition actions for many different reasons, but mostly because two people cannot agree on what to do with a piece of property. This is common when a parent leaves their home to their children, but the children do not all want to keep the house. Instead of endlessly fighting over it, they take their case to court to partition the property.

Partition action lawsuits are also common in a divorce or separation of a long-term relationship. If two people have the same ownership interest in their home but can’t agree on what to do with it, they’ll go to court.

Who Pays for a Partition Action in California?

One of the first things you’ll discuss with potential Orange County partition lawyers for your case is payment. While it would be nice to have the opposing party pay your legal fees, it doesn’t work that way in California.

The American Rule requires that all parties pay their own attorney’s fees. There is, however, a California partition law that directs the court to divide up the costs of a partition action according to each party’s interest. If interests aren’t clear, then the court must divide up the costs equitably, including reasonable attorney’s fees.

Does this mean that you’ll come out of a partition action without spending a dime? No, but you won’t have to worry about lopsided bills, either.

Are You in Need of Legal Assistance?

Learning who pays for a partition action is the first step toward settling ownership or the sale of real estate. While paying for the cost out of pocket might feel like a huge burden, the end result is a huge weight taken off of your shoulders. If you’re thinking of hiring a lawyer for a partition action, now’s the time to do it!

Life throws a ton of curveballs at you, but that doesn’t mean you have to deal with them on your own. Be sure to check out the rest of our blog for tons of informative articles to help you navigate life!