Partition Actions in La Verne
La Verne is a city located in the eastern part of Los Angeles County, California. It is situated in the foothills of the San Gabriel Mountains, about 30 miles east of downtown Los Angeles. The city is known for its small-town charm and friendly atmosphere. La Verne is home to the University of La Verne, a private liberal arts college, and the historic Old Town La Verne. The city is also home to several parks, including the La Verne Nature Center, which offers a variety of outdoor activities. La Verne is a great place to live, work, and play, with its close proximity to Los Angeles and its many attractions.
According to Zillow, the median home value in La Verne, California is $619,400 as of 2021. As of the 2020 United States Census, the population of the city of La Verne, California is 33,077.
Experienced Real Estate Partition Action Attorneys Serving La Verne
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 sale. The court will then order the division of the property in a way that is fair and equitable to all parties. The partition statutes also provide that any proceeds from the sale of the property must be divided among the co-owners in proportion to their respective interests in the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
- 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 we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
Shelton v. Vance – Partition Action Case Study
In the legal case of Shelton v. Vance, 106 Cal.App.2d 194 (1951), the issue was whether a partition of real property was valid. The plaintiffs, the Sheltons, owned a parcel of real property with their brother, the defendant, Vance. The Sheltons sought to partition the property, but Vance objected, claiming that the partition would be inequitable. The court found that the partition was valid, but that the Sheltons were not entitled to a partition of the property in the form they requested. The court held that the partition should be made in a manner that would be equitable to all parties, and that the Sheltons should not be allowed to benefit from the partition at the expense of Vance.
Contact our Team of Experienced Partition Lawyers Serving the City of La Verne 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 (909) 577-3300 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