Partition Action Attorneys in South El Monte
South El Monte is a city located in the San Gabriel Valley region of Los Angeles County, California. It is bordered by El Monte to the north, Rosemead to the east, and the cities of Pico Rivera and Montebello to the south. The city has a population of approximately 20,000 and is known for its diverse population and its small-town atmosphere. The city is home to a variety of businesses, including manufacturing, retail, and service industries. South El Monte is also home to several parks and recreational facilities, including the South El Monte Community Center, which offers a variety of activities for residents.
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in California partition actions and have conducted over 390 partitions for our satisfied clients. 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 California’s Partition of Real Property Act? Effective January 1, 2023, California’s new partition law allows defendants to buy out the interests of the plaintiff at an appraised value.
- 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 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.
- When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
Speak to Our South El Monte 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
Bordessa v. Lanker – Partition Action Case Study
In the legal case of Bordessa v. Lanker, 2009 WL 756975, A120733 (24-Mar-2009) , the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the ownership of a family home. The siblings had inherited the home from their parents, and the siblings had agreed to partition the home, with one sibling taking the upstairs portion and the other taking the downstairs portion. However, the siblings had not been able to agree on the terms of the partition, and the dispute had gone to court. The court had to decide whether the siblings should be allowed to partition the home, and if so, how the partition should be accomplished. The court ultimately ruled that the siblings should be allowed to partition the home, and it set out the terms of the partition.
Frequently Asked Questions About Partitions in South El Monte
How Much Does a Partition Action Cost in South El Monte?
The costs of a partition action, including attorney fees, court fees, appraiser fees, and other legal expenses, are typically around $10,000 to $15,000 for less complex cases. These fees are shared among the co-owners. However, the court may adjust the distribution of these costs based on each party’s level of involvement or responsibility, allowing for a fairer allocation when needed.
Who Can File a Partition Action in South El Monte?
A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.
Who Pays for a Partition Action?
In South El Monte, 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).
Can a Partition Action Be Stopped in South El Monte?
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.
Contact our Team of Experienced Partition Lawyers Serving the City of South El Monte, County of Los Angeles, California
Our South El Monte 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 (626) 777-3300 or contact us online today.
Talkov Law Los Angeles Office
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300