Experienced Partition Attorneys Serving El Monte
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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What is a partition action and when is it necessary?
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- 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.
- 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.
- 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.
Speak to Our El Monte Partition Attorneys Today
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Call us at (626) 777-3300
Partition Actions in El Monte
Partitions are quite common in El Monte. According to Zillow, the median home value in El Monte, California is $521,400 as of 2021. As of the 2020 United States Census, the population of El Monte, California is estimated to be 121,845.
El Monte is a city located in the San Gabriel Valley of Los Angeles County, California. It is situated between the San Gabriel and Rio Hondo Rivers, and is approximately 12 miles east of downtown Los Angeles. El Monte is known for its diverse population, with a large Latino population, as well as a large Asian population. The city is home to a variety of businesses, including manufacturing, retail, and service industries. El Monte is also home to several parks, including the El Monte Community Park, which features a lake, picnic areas, and a playground. The city is also home to the El Monte Historical Museum, which showcases the city’s history and culture.
Forderer v. Schmidt – Partition Action Case Study
In the legal case of Forderer v. Schmidt, 146 F. 480 (1906), the issue was whether a partition of real estate was valid. The plaintiff, Forderer, had purchased a tract of land from Schmidt, who had previously purchased it from a third party. Forderer then sought to partition the land into two separate parcels, one for himself and one for Schmidt. The court held that the partition was invalid because Schmidt had not consented to it. The court reasoned that since Schmidt had not agreed to the partition, he was still the owner of the entire tract of land and could not be divested of his ownership rights without his consent. The court also noted that the partition would have been valid if Schmidt had consented to it.
Contact our Team of Experienced Partition Lawyers Serving the City of El Monte 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.
Our partition attorneys in El Monte, California serve Los Angeles County and surrounding areas including Baldwin Park, Rosemead, South El Monte, Temple City, and West Covina.
