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Arcadia Partition Lawyer

Partition Actions in Arcadia

Arcadia is a city located in Los Angeles County, California. It is located about 13 miles northeast of downtown Los Angeles and is known for its tree-lined streets, historic homes, and beautiful parks. Arcadia is home to the Los Angeles County Arboretum and Botanic Garden, Santa Anita Park, and the Santa Anita Mall. The city is also home to many restaurants, shops, and entertainment venues. Arcadia is a great place to live, work, and play, and is a popular destination for visitors from all over the world.

According to Zillow, the median home value in Arcadia, Los Angeles County, California is $1,092,400 as of 2021. As of the 2020 United States Census, the population of Arcadia, California was 57,816.

Experienced Real Estate Partition Action Attorneys Serving Arcadia

Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be done in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.

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

  • 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.
  • Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
  • When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
  • What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
  • 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).

Speak to Our Arcadia Partition Attorneys Today

Call our Los Angeles County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (626) 777-3300 or contact us below to schedule a free, 15-minute consultation

    Mercola v. Chester – Partition Action Case Study

    In the legal case of Mercola v. Chester, 97 Cal.App.2d 140 (1950), the issue was whether a partition of real property was proper. The plaintiff, Mercola, owned a parcel of real property with her husband, Chester. After their divorce, Mercola sought to partition the property, while Chester argued that the property was not subject to partition because it was held in joint tenancy. The court found that the property was subject to partition, as the joint tenancy had been severed by the divorce. The court also found that the partition should be made in accordance with the terms of the divorce decree, which provided for an equal division of the property.

    Contact our Team of Experienced Partition Lawyers Serving the City of Arcadia in the County of Los Angeles, California.

    Our partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Call the experienced real estate partition attorneys at Talkov Law at (626) 777-3300 or contact us online for a free consultation about your co-ownership issues.

    Talkov Law Los Angeles Office

    10880 Wilshire Blvd Ste 1101
    Los Angeles, CA 90024
    Phone: (310) 496-3300

    Talkov Law Offices

    Our partition attorneys in Arcadia also serve Monrovia, Sierra Madre, Temple City, San Marino, and Pasadena.

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