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. 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 heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
- 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.
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
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.
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300