Partition Actions in Commerce
Commerce is a city located in Los Angeles County, California. It is located just east of downtown Los Angeles and is part of the Gateway Cities region. The city has a population of 12,823 and is known for its large industrial and commercial base. Commerce is home to the Citadel Outlets, a large outlet mall, and the Commerce Casino, one of the largest card rooms in the world. The city is also home to several parks, including the Commerce City Park and the Commerce Aquatic Center. The city is served by the Los Angeles County Sheriff’s Department and the Los Angeles County Fire Department.
According to Zillow, the median home value in Commerce, Los Angeles County, California is $521,400 as of 2021. As of 2020, the population of the California area of Commerce is 12,814,800.
Experienced Real Estate Partition Action Attorneys Serving Commerce
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:
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
- What is a partition action and when is it necessary?
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- 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.
In re Marriage of LeSage – Partition Action Case Study
In the legal case of In re Marriage of LeSage, 2007 WL 4200962, B189730 (29-Nov-2007) , the issue of partition was at the center of the dispute. The parties had entered into a marital settlement agreement (MSA) that provided for the division of their community property. The MSA provided that the parties would each receive a 50% interest in the community property, but that the husband would receive a larger share of the proceeds from the sale of the property. The wife argued that the MSA was invalid because it did not provide for a partition of the community property, as required by California law. The court agreed with the wife, finding that the MSA did not provide for a partition of the community property and was therefore invalid. The court ordered the parties to enter into a partition agreement that would divide the community property in accordance with California law.
Contact our Team of Experienced Partition Lawyers Serving the City of Commerce 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