Partition Actions in Lancaster
Lancaster is a city located in the Antelope Valley of the western Mojave Desert in northern Los Angeles County, California. It is located approximately 70 miles (110 km) north of downtown Los Angeles. Lancaster is part of a twin city complex with its southern neighbor Palmdale and together they are the principal cities within the Antelope Valley region and California’s High Desert. Lancaster is known for its sunny weather, wide open spaces, and affordable housing. The city is home to a variety of attractions, including the Lancaster Performing Arts Center, the Lancaster Museum of Art and History, and the Lancaster National Soccer Center. The city also hosts a variety of festivals and events throughout the year, including the Lancaster Jazz and Blues Festival, the Lancaster Music Festival, and the Lancaster International Film Festival.
According to Zillow, the median home value in Lancaster, California is $320,000. As of 2020, the population of the California area of Lancaster is 159,633.
Experienced Real Estate Partition Action Attorneys Serving Lancaster
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 is a partition action and when is it necessary?
- What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
- 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.
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- 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.
Cunningham v. Frymire – Partition Action Case Study
In the legal case of Cunningham v. Frymire, 160 Cal.App.2d 726 (1958), the issue of partition arose when the parties disagreed over the division of a parcel of land. The plaintiff, Cunningham, owned a parcel of land that was divided into two parts. The defendant, Frymire, owned the other part. The parties disagreed over the division of the land, with Cunningham claiming that the land should be divided equally and Frymire claiming that the land should be divided according to the value of each part. The court ultimately ruled in favor of Cunningham, finding that the land should be divided equally. The court also found that Frymire was not entitled to any compensation for the value of his part of the land.
Contact our Team of Experienced Partition Lawyers Serving the City of Lancaster 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 (661) 999-3300 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
Our partition attorneys in Lancaster also serve Quartz Hill, Palmdale, Rosamond, Mojave, and Acton.