Partition Actions in La Palma
La Palma is a small city located in Orange County, California. It is part of the Los Angeles metropolitan area and is bordered by the cities of Cypress, Buena Park, and Anaheim. The city has a population of around 15,000 and is known for its quiet, family-friendly atmosphere. La Palma is home to a variety of parks, trails, and recreational facilities, as well as a number of shopping centers and restaurants. The city is also home to the La Palma Intercommunity Hospital, which provides medical care to the local community.
According to Zillow, the median home value in La Palma, California is $717,400 as of 2021. As of the 2020 census, the population of the California area of La Palma was 15,568.
Experienced Real Estate Partition Action Attorneys Serving La Palma
Talkov Law’s attorneys serving Orange 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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the court may order a partition of the property if the co-owners cannot agree on a division. The court may also order the sale of the property and the division of the proceeds among the co-owners. The partition statutes also provide that the court may award attorney’s fees and costs to the prevailing party in a partition action.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- What is a partition action and when is it necessary?
Gregurek v. Fabbrie – Partition Action Case Study
In the legal case of Gregurek v. Fabbrie, 2005 WL 958418, G033350 (27-Apr-2005) , the issue of partition was at the center of the dispute. The parties had inherited a parcel of real property from their father, and the court was tasked with determining how to divide the property between them. The court found that the parties had failed to reach an agreement on how to divide the property, and thus the court was required to make a partition of the property. The court determined that the property should be divided into two equal parts, with each party receiving one half of the property. The court also determined that the parties should bear their own costs associated with the partition.
Contact our Team of Experienced Partition Lawyers Serving the City of La Palma in the County of Orange, 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 (714) 333-3300 or contact us online for a free consultation about your co-ownership issues.
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800