WEBSITE VISITOR IP NOTIFICATIONS

Walnut Partition Lawyer

Partition Actions in Walnut

Walnut is a small city located in Los Angeles County, California. It is situated between the San Jose Hills mountain range and the Puente Hills. The city is named after the California black walnut, which is native to the area. Walnut has a several popular annual events, including the Walnut Family Festival and the Mt. SAC Relays. Walnut is a great place to live, work, and play.

According to Zillow, the median home value in Walnut, Los Angeles County, California is $817,400 as of 2021. Walnut, California has a population of 30,004 according to the 2020 United States Census.

Experienced Real Estate Partition Action Attorneys Serving Walnut

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 allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. 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 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.
  • 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.
  • What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
  • 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 Walnut 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 (909) 577-3300 or contact us below to schedule a free, 15-minute consultation

    Starcevic v. Pentech Financial Services, Inc. – Partition Action Case Study

    In the legal case of Starcevic v. Pentech Financial Services, Inc., 66 Cal.App.5th 365 (2021), the issue of partition was at the center of the dispute. The plaintiff, Starcevic, owned a 50% interest in a property with Pentech Financial Services, Inc. (Pentech). Starcevic sought to partition the property, which would have resulted in the sale of the property and the division of the proceeds between the two parties. Pentech opposed the partition, arguing that it would be inequitable and that it would cause them to suffer a financial loss. The court ultimately found that partition was not appropriate in this case, as it would be inequitable to Pentech and would not be in the best interests of both parties.

    Contact our Team of Experienced Partition Lawyers Serving the City of Walnut 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 (909) 577-3300 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 Walnut also serve Diamond Bar, Rowland Heights, West Covina, and La Puente.

    Talkov Law is Rated 5 out of 5 stars based on 53 customer reviews.

    Contact Us Today for a Free Consultation & Pay No Retainer

    Call Talkov Law to discuss having your legal fees paid from the proceeds of sale of your property and no money down

      Awards and Recognition

      US News and World Report Scott Talkov

      We Have Been Featured On:

      The Real Deal

      Recent Blog Posts

      The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.