WEBSITE VISITOR IP NOTIFICATIONS

Downey Partition Lawyer

Partition Actions in Downey

Downey is a city located in southeastern Los Angeles County, California, United States, 13 miles (21 km) southeast of downtown Los Angeles. It is considered part of the Gateway Cities region of southeastern Los Angeles County. Downey is the birthplace of the Apollo space program and is the home of the oldest still operational McDonald’s restaurant in the world. It is also the home of the oldest still operational McDonald’s restaurant in the world, opened in 1953. The city is home to many historic sites, including the Columbia Memorial Space Center, the Downey Civic Light Opera, and the Downey Museum of Art. The city is also home to many parks, including Furman Park, Downey Landing, and Rio San Gabriel Park.

According to Zillow, the median home value in Downey, California is $541,400 as of 2021. As of 2020, the population of the California city of Downey is 113,717.

Experienced Real Estate Partition Action Attorneys Serving Downey

Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in the area of California partition actions. California partition actions allows for the division of real property among co-owners. This statute provides a legal mechanism for co-owners to divide their real property into separate interests. The partition statutes allow for the court to order a partition of the property, either by physically dividing the property or by selling the property and dividing the proceeds among the co-owners. The partition statutes also provide for the court to award damages to any co-owner who has been wrongfully excluded from the property. The partition statutes also allows for the court to award attorney’s fees and costs to the prevailing party.

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

  • Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
  • 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).
  • 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.
  • 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.
  • What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.

Speak to Our Downey 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 (562) 600-3300 or contact us below to schedule a free, 15-minute consultation

    Gates v. Salmon – Partition Action Case Study

    In the legal case of Gates v. Salmon, 35 Cal. 576 (1868), the issue of partition was at the center of the dispute. The case involved two parties, Gates and Salmon, who had jointly purchased a piece of land. The two parties had agreed to divide the land into two equal parts, but Salmon had failed to do so. Gates then filed a lawsuit against Salmon, seeking a court order to compel Salmon to divide the land into two equal parts. The court ultimately ruled in favor of Gates, ordering Salmon to divide the land into two equal parts. The court also ordered Salmon to pay Gates for any damages caused by his failure to divide the land. This case serves as an example of how partition issues can arise in real estate transactions and how the court can intervene to resolve such disputes.

    Contact our Team of Experienced Partition Lawyers Serving the City of Downey 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.

    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 Downey also serve Norwalk, Bellflower, Paramount, Santa Fe Springs, Pico Rivera, and Whittier.

    Talkov Law is Rated 5 out of 5 stars based on 56 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.