Partition Actions in Bellflower
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 Bellflower, California is $521,400. As of the 2020 United States Census, the population of Bellflower, California was 76,616.
Experienced Real Estate Partition Action Attorneys Serving Bellflower
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in the area of California partition actions. California partition actions provide a legal mechanism for co-owners of real property to divide the property among themselves. The partition statutes allow a co-owner to file a lawsuit in court to have the property divided, either physically or by sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- 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.
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
Kaupe v. Kaupe – Partition Action Case Study
In the legal case of Kaupe v. Kaupe, 131 Cal.App.2d 511 (1955), the issue was whether a partition of property between two siblings was valid. The siblings had inherited the property from their father, and the brother had taken possession of the property without the consent of the sister. The sister argued that the partition was invalid because it was not done in accordance with the law. The court found that the partition was valid, but that the brother had to pay the sister for her share of the property. The court also found that the brother had to pay the sister for the use of the property during the time he had possession of it.
Contact our Team of Experienced Partition Lawyers Serving the City of Bellflower 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