Partition Actions in Paramount
Paramount is a city located in Los Angeles County, California. It is located in the southeastern portion of the county, just south of the city of Long Beach. The city is known for its diverse population, with a large Hispanic population and a large African American population. Paramount is also home to a variety of businesses, including manufacturing, retail, and food service. The city is also home to several parks and recreational facilities, including the Paramount Skate Park and the Paramount Sports Complex.
According to Zillow, the median home value in Paramount, Los Angeles County, California is $420,000. As of the 2020 United States Census, the population of the city of Paramount, California is 54,098.
Experienced Real Estate Partition Action Attorneys Serving Paramount
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 are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
- 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.
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
- 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.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
Mootry v. Grayson – Partition Action Case Study
In the legal case of Mootry v. Grayson, 104 F. 613 (1900), the issue was whether a partition of real estate was valid. The plaintiff, Mootry, had purchased a tract of land from the defendant, Grayson, and then sought to partition the land into two separate parcels. Grayson argued that the partition was invalid because it was not done in accordance with the terms of the deed. The court held that the partition was valid, finding that the deed did not contain any language that prohibited the partition. The court also noted that the deed did not contain any language that would have prevented the parties from agreeing to a partition.
Contact our Team of Experienced Partition Lawyers Serving the City of Paramount 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