Duarte Partition Lawyer

Partition Actions in Duarte

Duarte is a city located in the San Gabriel Valley of Los Angeles County, California. It is located about 21 miles northeast of downtown Los Angeles. The population was 21,486 at the 2010 census, up from 18,256 at the 2000 census. The city is bounded to the north by the San Gabriel Mountains, to the south by the cities of Irwindale and Azusa, to the east by the city of Bradbury, and to the west by the city of Monrovia. Duarte is home to the historic Fish Canyon Falls, a popular hiking destination. The city is also home to the Duarte Sports Park, which features a variety of sports fields and courts, as well as a skate park. The city is served by the Duarte Unified School District, which includes Duarte High School, Northview Intermediate School, and several elementary schools.

According to Zillow, the median home value in Duarte, California is $619,000. As of the 2020 United States Census, the population of Duarte, California was 22,988.

Experienced Real Estate Partition Action Attorneys Serving Duarte

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 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.
  • 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.
  • Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
  • 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.
  • Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.

Speak to Our Duarte 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 (626) 777-3300 or contact us below to schedule a free, 15-minute consultation

    Worcester v. Worcester – Partition Action Case Study

    In the legal case of Worcester v. Worcester, 246 Cal.App.2d 56 (1966), the issue was whether a partition of real property was proper. The court found that the partition was not proper because the property was held in joint tenancy, and the partition would have destroyed the joint tenancy. The court held that a partition of real property held in joint tenancy is not allowed because it would destroy the right of survivorship, which is an essential feature of joint tenancy. The court also held that the partition would have been proper if the property had been held in tenancy in common, but since it was held in joint tenancy, the partition was not allowed.

    Contact our Team of Experienced Partition Lawyers Serving the City of Duarte, County of Los Angeles, California

    Our Duarte partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law unlocks access to justice for co-owners by funding your case. For qualified cases, you pay no fees until we successfully partition your property by obtaining a sale on the market or to your co-owner! For a free consultation with California’s first and largest team of partition attorneys at Talkov Law, call (626) 777-3300 or contact us online today.

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

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

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