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South Gate Partition Lawyer

Partition Actions in South Gate

South Gate is a city located in the southeastern region of Los Angeles County, California. It is bordered by the cities of Lynwood to the north, Downey to the northwest, Bell to the southwest, and Huntington Park to the south. The city is known for its diverse population and vibrant culture. South Gate is home to a variety of attractions, including the South Gate Park, the South Gate Recreation Center, and the South Gate Library. The city is also home to a number of restaurants, shops, and entertainment venues. South Gate is a great place to live, work, and play.

According to Zillow, the median home value in South Gate, California is $521,400 as of 2021. As of 2020, the population of South Gate, California is 94,396.

Experienced Real Estate Partition Action Attorneys Serving South Gate

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:

  • How long will it take for the plaintiff to receive his or her share of the sales proceeds? Usually, the property is marketed for sale or purchased by the defendant in 3 to 6 months. If a referee is appointed, that may take 6 to 9 months. With proper drafting of an interlocutory judgment of partition by sale, the referee can be required to disburse the proceeds promptly at the close of escrow or shortly thereafter.
  • What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
  • 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.
  • Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
  • 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.

Speak to Our South Gate 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 (562) 600-3300 or contact us below to schedule a free, 15-minute consultation

    Harrison v. Domergue – Partition Action Case Study

    In the legal case of Harrison v. Domergue, 274 Cal.App.2d 19 (1969), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their father’s estate. The siblings had inherited the estate from their father, who had died without a will. The siblings had agreed to partition the estate, but the sister, Domergue, had refused to sign the partition agreement. The brother, Harrison, then filed a partition action in court. The court found that the partition agreement was valid and enforceable, and ordered the partition of the estate. However, the court also found that Domergue had a right to a portion of the estate that was not included in the partition agreement. The court ordered that Domergue be given a portion of the estate that was not included in the partition agreement, and that the remaining portion of the estate be divided between the siblings according to the partition agreement.

    Contact our Team of Experienced Partition Lawyers Serving the City of South Gate 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 (562) 600-3300 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 South Gate also serve Lynwood, Downey, Bell Gardens, Paramount, and Huntington Park.

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