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Long Beach Partition Lawyer

Partition Actions in Long Beach

Long Beach is a vibrant coastal city located in Southern California, just south of Los Angeles. It is the seventh-largest city in the state and is home to a diverse population. The city is known for its beautiful beaches, vibrant nightlife, and diverse cultural attractions. Long Beach is a popular destination for tourists, offering a variety of activities such as sailing, surfing, and swimming. The city is also home to the historic Queen Mary, the Aquarium of the Pacific, and the Long Beach Grand Prix. With its sunny climate, diverse attractions, and vibrant culture, Long Beach is a great place to visit and explore.

According to Zillow, the median home value in Long Beach, California is $637,400 as of 2021. As of 2020, the population of the California area of Long Beach is 474,140.

Experienced Real Estate Partition Action Attorneys Serving Long Beach

Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in the area of California partition actions. California partition actions allows for the partition of real property owned by two or more persons. This statute provides a legal mechanism for the division of real property when the owners cannot agree on how to divide the property. The partition statutes allow for the court to order the sale of the property and the division of the proceeds among the owners. The partition statutes also allows for the court to order the physical division of the property if it is feasible. The partition statutes also provide for the court to order the partition of the property by allotment, which is when the court assigns each owner a specific portion of the property.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

  • 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.
  • 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.
  • 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 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.
  • Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.

Speak to Our Long Beach Partition Attorneys Today

Call our Los Angeles County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (562) 600-3300 or contact us below to schedule a free, 15-minute consultation

    Bell v. Goytino – Partition Action Case Study

    In the legal case of Bell v. Goytino, 73 P. 1131 (1903), the issue was whether a partition of land between two parties was valid. The parties had agreed to a partition of the land, but the court found that the partition was not valid because it was not done in accordance with the law. Specifically, the court found that the partition was not done in accordance with the provisions of the partition statute, which required that the partition be done by a court-appointed commissioner. The court also found that the partition was not done in accordance with the terms of the deed, which required that the partition be done by a surveyor. The court held that the partition was invalid and that the parties must go back to the original deed and divide the land according to its terms.

    Contact our Team of Experienced Partition Lawyers Serving the City of Long Beach 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.

    Talkov Law Los Angeles Office

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

    Talkov Law Offices

    Our partition attorneys in Long Beach also serve Belmont Shore, Naples, Bixby Knolls, Signal Hill, Lakewood, and Seal Beach.

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