Partition Actions in Bradbury
Bradbury is a small city located in the San Gabriel Valley of Los Angeles County, California. It is an affluent community with a population of just over 1,000 people. The city is known for its large estates, rolling hills, and lush landscaping. It is also home to the Bradbury Estate, a historic landmark built in the late 19th century. The city is known for its low crime rate and excellent schools. It is also home to a variety of parks, trails, and recreational facilities. Bradbury is a great place to live for those looking for a peaceful and safe environment.
According to Zillow, the median home value in Bradbury, California is $2,890,000. The population of the California area of Bradbury is 1,048 as of the 2010 census.
Experienced Real Estate Partition Action Attorneys Serving Bradbury
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:
- 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.
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- 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.
In re Estate of Cordova – Partition Action Case Study
In the legal case of In re Estate of Cordova, 2005 WL 1302990, C046414 (1-Jun-2005) , the partition issue was whether the trial court had the authority to partition the real property owned by the decedent, Maria Cordova, between her two sons, Jose and Juan. The trial court had granted a petition for partition filed by Jose, and Juan appealed the decision. The appellate court held that the trial court did not have the authority to partition the property because the decedent had not left a will and the two sons had not agreed to a partition. The court noted that the partition of real property is a matter of contract between the parties, and since the two sons had not agreed to a partition, the trial court did not have the authority to order one.
Contact our Team of Experienced Partition Lawyers Serving the City of Bradbury 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 (626) 777-3300 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