Partition Actions in La Mirada
La Mirada is a city located in Los Angeles County, California. La Mirada is known for its beautiful parks, golf courses, and recreational facilities. The city is home to Biola University, a private Christian university, and the La Mirada Theatre for the Performing Arts. La Mirada is also home to the La Mirada Regional Aquatics Center, which is the largest public swimming pool in the state of California. The city is served by the Norwalk-La Mirada Unified School District, which includes several elementary, middle, and high schools. La Mirada is a great place to live, work, and play, and is a great place to raise a family.
According to Zillow, the median home value in La Mirada, California is $619,400 as of 2021. As of the 2020 United States Census, the population of La Mirada, California was 48,527.
Experienced Real Estate Partition Action Attorneys Serving La Mirada
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:
- 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.
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
Parker v. Owen – Partition Action Case Study
In the legal case of Parker v. Owen, 96 Cal.App.2d 78 (1950), the issue was whether a partition of real property was valid. The plaintiff, Parker, owned a parcel of land with his brother, Owen. Parker wanted to partition the land, but Owen refused. Parker then filed a partition action against Owen. The trial court found that the partition was valid and ordered the land to be divided. However, Owen appealed the decision, arguing that the partition was invalid because it was not done in accordance with the law. The appellate court agreed with Owen and reversed the trial court’s decision, holding that the partition was invalid because it was not done in accordance with the law. The court held that a partition must be done in accordance with the law in order to be valid, and that the partition in this case was not done in accordance with the law.
Contact our Team of Experienced Partition Lawyers Serving the City of La Mirada 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 (562) 600-3300 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