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. The population of Duarte, California is 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. 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 resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
- 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.
- What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
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.
Talkov Law Los Angeles Office
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300
Our partition attorneys in Duarte also serve Azusa, Monrovia, Arcadia, Baldwin Park, West Covina, Glendora, Irwindale, and Bradbury