Partition Actions in Bell
Bellflower is a city located in Los Angeles County, California. It is located in the southeastern part of the county, about 20 miles southeast of downtown Los Angeles. The city is known for its diverse population and vibrant culture. Bellflower is home to a variety of businesses, including retail stores, restaurants, and entertainment venues. The city is also home to several parks and recreational areas, including Bellflower Park, which features a lake, picnic areas, and a playground. Bellflower is a great place to live, work, and play, and is a great place to visit for its many attractions.
According to Zillow, the median home value in Bell, Los Angeles County, California is $521,400 as of 2021. The population of the Bell area of California is 35,477 according to the 2010 United States Census.
Experienced Real Estate Partition Action Attorneys Serving Bell
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in the area of California partition actions. California partition actions allows for the division of real property among co-owners. This statute provides a legal mechanism for co-owners to divide their real property into separate interests. The partition statutes allow for the court to order a partition of the property, either by physically dividing the property or by selling the property and dividing the proceeds among the co-owners. The partition statutes also provide for the court to award damages to any co-owner who has been wrongfully excluded from the property. The partition statutes also allows for the court to award attorney’s fees and costs to the prevailing party.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
- 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.
- 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.
- 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.
Rutledge v. Rutledge – Partition Action Case Study
In the legal case of Rutledge v. Rutledge, 119 Cal.App.2d 114 (1953), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their father’s estate. The siblings had inherited the estate upon their father’s death, and the court was tasked with determining how to divide the estate between them. The court found that the siblings had agreed to a partition of the estate, but that the agreement was not legally binding. The court also found that the siblings had not taken any steps to divide the estate, and that the estate had remained undivided for a period of more than five years. As a result, the court held that the siblings were entitled to a partition of the estate, and ordered that the estate be divided in accordance with the agreement that the siblings had reached.
Contact our Team of Experienced Partition Lawyers Serving the City of Bell 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