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. 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 referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
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.
What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
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.
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.

Speak to Our Montebello 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

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, County of Los Angeles, California

Our Montebello partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law unlocks access to justice for co-owners by funding your case. For qualified cases, you pay no fees until we successfully partition your property by obtaining a sale on the market or to your co-owner! For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (562) 600-3300 or contact us online today.