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 awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not feasible, it may order the property to be sold and the proceeds divided among the co-owners.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

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.
What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
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.
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.
What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.

Speak to Our San Fernando 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 (818) 900-7700 or contact us below to schedule a free, 15-minute consultation

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.