Partition Actions in Montebello
Montebello is a city located in the southeastern region of Los Angeles County, California. It is bordered by the cities of Commerce, East Los Angeles, and Monterey Park. Montebello is home to a diverse population and is known for its vibrant culture and strong sense of community. The city is home to a variety of attractions, including the Montebello Town Center, a shopping mall, and the Montebello Golf Course. Montebello is also home to a number of parks, including Montebello City Park, which features a lake, picnic areas, and a playground. The city is served by the Montebello Unified School District, which includes several elementary, middle, and high schools.
According to Zillow, the median home value in Montebello, California is $521,400 as of 2021. As of the 2020 United States Census, the population of Montebello, California was 65,476.
Experienced Real Estate Partition Action Attorneys Serving Montebello
Talkov Law’s attorneys serving Los Angeles 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:
- 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.
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- What are the potential outcomes of a partition action? The most likely outcome in a partition action is that the plaintiff receives fair value for their interest in the property either through a sale to a third party or to the defendant. In rare cases, a property can be divided, through this is not applicable to single family residences with no surplus land.
- Can a partition action be stopped? Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
- What is California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
Martin v. Baldwin – Partition Action Case Study
In the legal case of Martin v. Baldwin, 9 Sawy. 632 (1884), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings, Martin and Baldwin, over the partition of their father’s estate. Martin argued that the estate should be divided equally between the two siblings, while Baldwin argued that the estate should be divided according to the will of their father. The court ultimately ruled in favor of Baldwin, finding that the will of the father should be followed and that the estate should be divided according to the will. The court also found that Martin was not entitled to any additional compensation for his share of the estate. This case serves as an example of the difficulties that can arise when attempting to divide an estate among multiple parties.
Contact our Team of Experienced Partition Lawyers Serving the City of Montebello 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