Partition Actions in Rosemead
Rosemead is a city located in Los Angeles County, California. It is a suburb of Los Angeles and is located in the San Gabriel Valley. The city is known for its diverse population and its many parks and recreational areas. Rosemead is home to many businesses, including the headquarters of Panda Express, and is a popular destination for shopping and dining. The city is also home to several schools, including Rosemead High School, and is served by the Rosemead School District.
According to Zillow, the median home value in Rosemead, Los Angeles County, California is $541,400 as of 2021. As of the 2020 United States Census, the population of Rosemead, California was 53,764.
Experienced Real Estate Partition Action Attorneys Serving Rosemead
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 partition must be done in a fair and equitable manner, and that the court must approve the partition before it can be enforced. The partition statutes also provide that the court may order the sale of the property if the co-owners cannot agree on a partition. 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:
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- 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.
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
Moore v. Lauff – Partition Action Case Study
In the legal case of Moore v. Lauff, 30 Cal.App. 452 (1916), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a piece of real estate. The plaintiff, Moore, sought to partition the property, while the defendant, Lauff, argued that the property should not be partitioned. The court ultimately ruled in favor of Moore, finding that the property should be partitioned. The court noted that the co-owners had a right to partition the property, and that the partition should be made in a manner that would be fair and equitable to both parties. The court also noted that the partition should be made in a way that would not cause unnecessary hardship to either party.
Contact our Team of Experienced Partition Lawyers Serving the City of Rosemead 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 (626) 777-3300 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