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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the partition must be done in a fair and equitable manner, and that the court must approve the partition before it can be enforced. The partition statutes also provide that the court may order the sale of the property if the co-owners cannot agree on a partition. 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:

• Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
• What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
• What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
• What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
• Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.