Partition Actions in Norwalk

Norwalk is a city located in Los Angeles County, California. It is located in the southwestern corner of the county, just south of the Los Angeles city limits. The city is known for its diverse population and vibrant culture. Norwalk is home to many parks, shopping centers, and entertainment venues, making it a popular destination for visitors and locals alike. The city is also home to a number of educational institutions, including Cerritos College and California State University, Long Beach.

According to Zillow, the median home value in Norwalk, California is $521,400. As of the 2020 United States Census, the population of Norwalk, California was 106,742.

Experienced Real Estate Partition Action Attorneys Serving Norwalk

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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not feasible, it may order the property to be sold and the proceeds divided among the co-owners.

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

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.
In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
Who pays for a partition action? In California, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.

Speak to Our Norwalk 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

Gordon v. City of San Diego – Partition Action Case Study

In the legal case of Gordon v. City of San Diego, 108 Cal. 264 (1895), the issue was whether the City of San Diego had the right to partition a certain parcel of land owned by the plaintiff, William Gordon. The City argued that it had the right to partition the land under a state statute that allowed cities to partition land for public use. The plaintiff argued that the statute was unconstitutional because it violated the due process clause of the Fourteenth Amendment. The court ultimately held that the statute was constitutional and that the City had the right to partition the land. The court reasoned that the statute was a valid exercise of the City’s police power and that the plaintiff had no right to prevent the City from exercising its police power.

Contact our Team of Experienced Partition Lawyers Serving the City of Norwalk 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.