Experienced Partition Attorneys Serving West Hollywood
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:
- 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.
- What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
- What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
- 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.
- What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
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Partition Actions in West Hollywood
Partitions are quite common in West Hollywood. According to Zillow, the median home value in West Hollywood, Los Angeles County, California is $1,072,400 as of 2021. As of the 2020 United States Census, the population of West Hollywood, California was 34,399.
West Hollywood is a vibrant and diverse city located in the heart of Los Angeles County, California. It is bordered by Beverly Hills, Hollywood, and the Fairfax District. West Hollywood is known for its lively nightlife, trendy restaurants, and unique shopping experiences. It is also home to a large LGBTQ+ community, making it a popular destination for those looking to explore the city’s diverse culture. West Hollywood is also home to many celebrities, making it a popular destination for tourists. The city is also known for its many festivals, including the annual Halloween Carnaval, which draws thousands of people each year.
Ritzman v. Ritzman – Partition Action Case Study
In the legal case of Ritzman v. Ritzman, 190 Cal. 505 (1923), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of a family ranch. The plaintiff, the brother, sought to partition the ranch, while the defendant, the sister, argued that the ranch should not be partitioned. The court ultimately ruled in favor of the plaintiff, finding that the ranch should be partitioned. The court noted that the sister had failed to show any legal or equitable reason why the partition should not be allowed. The court also noted that the sister had failed to show any evidence that the partition would be detrimental to her interests. The court concluded that the partition should be allowed, and that the sister should receive her share of the proceeds from the sale of the ranch.
Contact our Team of Experienced Partition Lawyers Serving the City of West Hollywood 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 (310) 496-3300 or contact us online for a free consultation about your co-ownership issues.
Our partition attorneys in West Hollywood, California serve Los Angeles County and surrounding areas including Beverly Hills, Hollywood, Miracle Mile, Fairfax, Melrose, Mid-Wilshire, Westwood, Culver City.