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