Partition Actions in Temple City
Temple City is a city located in the San Gabriel Valley of Los Angeles County, California. It is a suburb of Los Angeles, located approximately 20 miles east of downtown. The city is known for its tree-lined streets, high-end shopping centers, and its annual Temple City Chamber of Commerce-sponsored events, such as the Chinese New Year Festival and the Camellia Festival. The city is also home to a number of historic sites, including the Temple City Historical Society Museum, the Temple City Public Library, and the Temple City Park.
According to Zillow, the median home value in Temple City, Los Angeles County, California is $717,400 as of 2021. As of the 2020 United States Census, the population of Temple City, California was 35,558.
Experienced Real Estate Partition Action Attorneys Serving Temple City
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 possible, 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:
- Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
- 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.
- What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
Royston v. Miller – Partition Action Case Study
In the legal case of Royston v. Miller, 76 F. 50 (1896), the issue was whether a partition of real estate was valid. The court held that the partition was valid, but the decision was based on the fact that the partition was made in good faith and with the intention of dividing the property equally between the parties. The court also noted that the partition was made without fraud or collusion. The court further noted that the partition was made in accordance with the laws of the state in which the property was located. The court also noted that the partition was made in a manner that was fair and equitable to both parties.
Contact our Team of Experienced Partition Lawyers Serving the City of Temple City 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