Partition Actions in Bell Gardens
Bell Gardens is a city located in southeastern Los Angeles County, California. It is bordered by the cities of Commerce, Downey, Montebello, and South Gate. Bell Gardens is known for its large Hispanic population and its vibrant culture. The city is home to many Mexican restaurants, markets, and shops. It is also home to the Bicycle Casino, one of the largest card rooms in the world. The city is also home to the Bell Gardens Sports Park, which features a variety of sports fields and courts. Bell Gardens is a great place to live, work, and play. It is a vibrant and diverse city with a lot to offer.
According to Zillow, the median home value in Bell Gardens, California is $521,400 as of 2021. As of the 2020 United States Census, the population of Bell Gardens, California was 42,072.
Experienced Real Estate Partition Action Attorneys Serving Bell Gardens
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 court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.
Our team of partition attorneys 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.
- 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.
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
- How long does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
Price v. Lo Duca – Partition Action Case Study
In the legal case of Price v. Lo Duca, Not Reported in Cal.Rptr.2d (2002), the issue of partition was at the center of the dispute. The plaintiff, Price, owned a parcel of land that was jointly owned with the defendant, Lo Duca. Price sought to partition the land, which would have resulted in the division of the land into two separate parcels. Lo Duca, however, opposed the partition, arguing that it would be detrimental to his interests. The court ultimately ruled in favor of Price, finding that partition was the only way to resolve the dispute. The court also noted that partition would not be detrimental to Lo Duca’s interests, as he would still retain ownership of his portion of the land.
Contact our Team of Experienced Partition Lawyers Serving the City of Bell Gardens 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 (562) 600-3300 or contact us online for a free consultation about your co-ownership issues.
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300