WEBSITE VISITOR IP NOTIFICATIONS

Diamond Bar Partition Lawyer

Partition Actions in Diamond Bar

Diamond Bar is a city located in the eastern part of Los Angeles County, California. It is a suburban city located about 30 miles east of downtown Los Angeles. The city is named after the “diamond over a bar” branding iron registered in 1918 by ranch owner Frederick E. Lewis. The city is known for its excellent schools, low crime rate, and high quality of life. Diamond Bar is home to many parks, trails, and recreational facilities, as well as a variety of shopping and dining options. The city is also home to the Diamond Bar Golf Course, which is a popular destination for golfers.

According to Zillow, the median home value in Diamond Bar, California is $717,400. As of the 2020 United States Census, the population of Diamond Bar, California was 56,287.

Experienced Real Estate Partition Action Attorneys Serving Diamond Bar

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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

  • Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
  • What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
  • How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
  • How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
  • Who pays for a partition action? In California, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).

Speak to Our Diamond Bar Partition Attorneys Today

Call our Los Angeles County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (909) 577-3300 or contact us below to schedule a free, 15-minute consultation

    Milian v. De Leon – Partition Action Case Study

    In the legal case of Milian v. De Leon, 181 Cal.App.3d 1185 (1986), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their parents’ estate. The siblings had inherited the estate from their parents, who had died without a will. The siblings had agreed to partition the estate, but the agreement was never formalized. The dispute arose when one of the siblings, Milian, sought to partition the estate without the consent of the other sibling, De Leon. De Leon argued that the partition should not be allowed because it would be unfair to him. The court ultimately ruled in favor of Milian, finding that the partition was valid and that De Leon had failed to show that it would be unfair to him. The court also noted that the partition was in the best interests of both siblings, as it would allow them to divide the estate in a fair and equitable manner.

    Contact our Team of Experienced Partition Lawyers Serving the City of Diamond Bar 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 (909) 577-3300 or contact us online for a free consultation about your co-ownership issues.

    Talkov Law Los Angeles Office

    10880 Wilshire Blvd Ste 1101
    Los Angeles, CA 90024
    Phone: (310) 496-3300

    Talkov Law Offices

    Our partition attorneys in Diamond Bar also serve Walnut, Rowland Heights, Chino Hills, Pomona, and Brea.

    Talkov Law is Rated 5 out of 5 stars based on 52 customer reviews.

    Contact Us Today for a Free Consultation & Pay No Retainer

    Call Talkov Law to discuss having your legal fees paid from the proceeds of sale of your property and no money down

      Awards and Recognition

      US News and World Report Scott Talkov

      We Have Been Featured On:

      The Real Deal

      Recent Blog Posts

      The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.