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 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 Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- 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).
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
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 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 (626) 777-3300 or contact us online for a free consultation about your co-ownership issues.
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300