Downey Partition Lawyer

Partition Action Attorneys 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.

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:

• What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
• 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 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.
• Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
• Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.