Partition Actions in West Covina
West Covina is a city located in Los Angeles County, California. It is located about 22 miles east of downtown Los Angeles and is part of the Greater Los Angeles Area. The city is known for its diverse population, excellent schools, and vibrant business community. West Covina is home to many parks, shopping centers, and entertainment venues, making it a great place to live and visit. The city is also home to the Eastland Center, a large shopping mall, and the West Covina Unified School District, which serves over 20,000 students. West Covina is a great place to live, work, and play.
According to Zillow, the median home value in West Covina, California is $541,400 as of 2021. As of the 2020 United States Census, the population of West Covina, California is 106,098.
Experienced Real Estate Partition Action Attorneys Serving West Covina
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 does a partition action take in California?” Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- 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.
- Can heirs force the sale of property? Heirs can force the sale of real property in California once that property is distributed to them. However, sometimes, the property is still held in a trust where the trustee will sell the property. When there is no trust, the probate court may decide that the probate administrator will sell the property before it is distributed in fractional interests to the heirs.
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- 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.
Goodale v. Fifteenth Dist. Court – Partition Action Case Study
In the legal case of Goodale v. Fifteenth Dist. Court, 6 P.C.L.J. 391 (1880), the issue was whether a partition of real estate could be made without the consent of all the parties involved. The plaintiff, Goodale, owned a piece of real estate with two other parties, and he wanted to partition the land without the consent of the other two parties. The court held that a partition of real estate could not be made without the consent of all the parties involved. The court reasoned that a partition of real estate was a contract between the parties, and that all parties must agree to the terms of the contract in order for it to be valid. The court also noted that a partition of real estate was a matter of public policy, and that it was necessary to protect the rights of all parties involved.
Contact our Team of Experienced Partition Lawyers Serving the City of West Covina 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