Partition Actions in San Dimas
San Dimas is a city located in the San Gabriel Valley of Los Angeles County, California. It is located about 30 miles east of downtown Los Angeles. The city is known for its small-town charm and its proximity to the Angeles National Forest. San Dimas is home to a variety of businesses, including retail stores, restaurants, and professional services. The city is also home to several parks, including Frank G. Bonelli Regional Park, which offers a variety of recreational activities, including swimming, fishing, and boating. San Dimas is also home to the San Dimas Festival of Arts, which is held annually in the spring.
According to Zillow, the median home value in San Dimas, California is $619,400 as of 2021. The population of San Dimas, California is 33,371.
Experienced Real Estate Partition Action Attorneys Serving San Dimas
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.
- How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- Can a partition action be stopped? Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
Speak to Our San Dimas 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 (909) 577-3300 or contact us below to schedule a free, 15-minute consultation
Schoonover v. Birnbaum – Partition Action Case Study
In the legal case of Schoonover v. Birnbaum, 150 Cal. 734 (1907), the California Supreme Court was asked to decide whether a partition of real property was valid. The dispute arose when two brothers, John and William Schoonover, inherited a parcel of land from their father. The brothers agreed to divide the land into two equal parts, with John taking the northern half and William taking the southern half. However, when the partition was completed, it was discovered that the two halves were not equal in size. William’s portion was larger than John’s, and John argued that the partition was invalid. The court ultimately held that the partition was valid, but that William was required to pay John for the difference in value between the two portions. This case highlights the importance of ensuring that a partition of real property is done correctly, as any discrepancies can lead to costly disputes.
Contact our Team of Experienced Partition Lawyers Serving the City of San Dimas, County of Los Angeles, California
Our San Dimas 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, call (909) 577-3300 or contact us online today.
Talkov Law Los Angeles Office
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300
Our partition attorneys in San Dimas also serve La Verne, Glendora, Pomona, Covina, Azusa, and Claremont
