Partition Actions in Cudahy
Cudahy is a small city located in Los Angeles County, California. It is bordered by the cities of South Gate, Bell, and Huntington Park. The city is known for its diverse population, with a large Hispanic population and a growing Asian population. Cudahy is home to many parks, including Cudahy Park, which features a playground, basketball courts, and a skate park. The city also has a variety of restaurants, shops, and other businesses. Cudahy is a great place to live, work, and play.
According to Zillow, the median home value in Cudahy, California is $420,000. As of the 2020 United States Census, the population of the California area of Cudahy is 24,208.
Experienced Real Estate Partition Action Attorneys Serving Cudahy
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 also provide a way for co-owners to force the sale of the property if they cannot agree on how to divide it. The partition statutes also set out the procedures for the sale of the property and how the proceeds of the sale will be divided among the co-owners. The partition statutes also provide for the payment of costs associated with the sale of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- 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.
- 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.
- What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
- 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.
- 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.
Wickersham v. Denman – Partition Action Case Study
In the legal case of Wickersham v. Denman, 68 Cal. 383 (1886), the issue was whether a partition of real property could be made without the consent of all the owners. The plaintiff, Wickersham, owned a one-third interest in a piece of real property with two other owners, Denman and another individual. Wickersham sought to partition the property, but Denman refused to consent. The court held that a partition could not be made without the consent of all the owners, and that Denman’s refusal to consent was valid. This case established the principle that all owners of real property must consent to a partition before it can be legally enforced.
Contact our Team of Experienced Partition Lawyers Serving the City of Cudahy 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