Partition Actions in San Fernando
San Fernando is a city located in the San Fernando Valley region of Los Angeles County, California. It is a suburban city that is known for its diverse culture, vibrant downtown, and its proximity to Los Angeles. The city is home to a variety of businesses, restaurants, and entertainment venues. It is also home to the San Fernando Valley Arts and Cultural Center, which hosts a variety of events throughout the year. San Fernando is a great place to live, work, and play.
According to Zillow, the median home value in San Fernando, California is $541,400 as of 2021. As of the 2020 United States Census, the population of the San Fernando area of California was 23,645.
Experienced Real Estate Partition Action Attorneys Serving San Fernando
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 is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.
- 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.
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- 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.
Walker v. Parker – Partition Action Case Study
In the legal case of Walker v. Parker, 38 U.S. 166 (1839), the issue was whether a partition of land could be made between two parties who had conflicting claims to the same property. The plaintiff, Walker, had purchased the land from the original owner, while the defendant, Parker, had inherited the land from his father. The court held that a partition could not be made between the two parties, as the conflicting claims could not be reconciled. The court also held that the plaintiff was not entitled to any compensation for his purchase of the land, as the defendant had a superior claim to the property.
Contact our Team of Experienced Partition Lawyers Serving the City of San Fernando 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 (818) 900-7700 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