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San Gabriel Partition Lawyer

Partition Actions in San Gabriel

San Gabriel is a city located in Los Angeles County, California. It is situated at the base of the San Gabriel Mountains and is part of the Greater Los Angeles Area. The city is known for its historic downtown area, which features a variety of restaurants, shops, and other attractions. San Gabriel is also home to several parks, including the San Gabriel Mission, which was founded in 1771 and is the fourth oldest mission in California. The city is also home to a number of educational institutions, including the University of La Verne and the University of Southern California.

According to Zillow, the median home value in San Gabriel, California is $717,400 as of 2021. As of the 2020 United States Census, the population of the San Gabriel area of California was 44,719.

Experienced Real Estate Partition Action Attorneys Serving San Gabriel

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 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.
  • What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
  • Who pays for a partition action? In California, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
  • How does a partition action work in California?
  • Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.

Speak to Our San Gabriel 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 (626) 777-3300 or contact us below to schedule a free, 15-minute consultation

    Reed v. Allison – Partition Action Case Study

    In the legal case of Reed v. Allison, 9 P.C.L.J. 446 (1882), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings, Reed and Allison, over the partition of their father’s estate. The court found that the siblings had agreed to divide the estate equally, but that Reed had failed to comply with the agreement. The court held that Reed was liable for the costs of partition, and ordered him to pay the costs of the partition. The court also held that Reed was liable for any damages caused by his failure to comply with the agreement. The court also held that the partition should be done in accordance with the agreement, and that any disputes should be resolved by the court.

    Contact our Team of Experienced Partition Lawyers Serving the City of San Gabriel 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.

    Talkov Law Los Angeles Office

    10880 Wilshire Blvd Ste 1101
    Los Angeles, CA 90024
    Phone: (310) 496-3300

    Talkov Law Offices

    Our partition attorneys in San Gabriel also serve Alhambra, Rosemead, Temple City, Monterey Park, and San Marino.

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