Partition Actions in Palmdale
Palmdale is a city located in the Antelope Valley of northern Los Angeles County, California. It is situated in the Mojave Desert, approximately 60 miles (97 km) northeast of downtown Los Angeles. The city is known for its aerospace industry, which includes the Palmdale Plant 42, a major aerospace facility operated by Lockheed Martin. Palmdale is also home to the U.S. Air Force Plant 42, which produces the F-22 Raptor fighter jet. The city is also home to the Palmdale Regional Airport, which serves the Antelope Valley. Palmdale is a popular destination for outdoor recreation, with several parks and trails located in the area.
According to Zillow, the median home value in Palmdale, California is $320,000. As of 2020, the population of the Palmdale area of California is estimated to be 156,633.
Experienced Real Estate Partition Action Attorneys Serving Palmdale
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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
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?
- 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.
- Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- 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.
Davis v. Pacific Imp. Co. – Partition Action Case Study
In the legal case of Davis v. Pacific Imp. Co., 118 Cal. 45 (1897), the issue of partition was at the center of the dispute. The plaintiff, Davis, owned a parcel of land that was divided into two parts by a fence. The defendant, Pacific Imp. Co., owned the land on the other side of the fence. Davis argued that the fence should be removed and the land should be partitioned into two equal parts, with each party receiving one half. Pacific Imp. Co. argued that the fence should remain in place and that Davis should receive the land on his side of the fence, while Pacific Imp. Co. should receive the land on their side of the fence. The court ultimately ruled in favor of Davis, ordering that the fence be removed and the land be partitioned into two equal parts.
Contact our Team of Experienced Partition Lawyers Serving the City of Palmdale 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