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 also provide a way for co-owners to resolve disputes over the division of the property. The partition statutes provide that the partition must be done in a fair and equitable manner, and that the court must approve the partition before it can be enforced. The partition statutes also provide that the court may order the sale of the property if the co-owners cannot agree on a partition. 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:
- 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.
- What are my partition rights for inherited property? Co-owners of inherited property generally have the absolute right to force the sale of the property through a partition action.
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
- Can a partition action be stopped or dismissed in California? The truth is that there are very few affirmative defenses in a partition action, and those defenses are rarely applied by courts in California.
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.
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300