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 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 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:
- 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.
- 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.
- 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.
- 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 is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
Speak to Our Bell Gardens 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 (562) 600-3300 or contact us below to schedule a free, 15-minute consultation
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.
Talkov Law Los Angeles Office
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300
Our partition attorneys in Bell Gardens also serve Downey, Commerce, Montebello, Maywood, and South Gate.