El Monte Partition Lawyer

Partition Actions in El Monte

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.

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.

Experienced Real Estate Partition Action Attorneys Serving El Monte

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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

• 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.
• What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
• Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
• What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
• How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.