Partition Actions in Whittier
Whittier is a city located in Los Angeles County, California. It is located in the southeastern part of the county, about 12 miles southeast of downtown Los Angeles. The city is known for its quaint downtown area, which is home to a variety of shops, restaurants, and other businesses. The city is also home to several parks, including the Whittier Narrows Recreation Area, which offers a variety of outdoor activities. Whittier is also home to several colleges and universities, including Whittier College and Rio Hondo College.
According to Zillow, the median home value in Whittier, California is $541,400 as of 2021. As of the 2020 United States Census, the population of the California area of Whittier is 87,413.
Experienced Real Estate Partition Action Attorneys Serving Whittier
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:
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- 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.
- 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.
- How will the property be divided if a partition action is successful? In most partition actions, the property will be sold, rather than being divided. If the property is eligible for partition in-kind, the court can appoint a referee to prepare a report on dividing the property in a manner that does not damage the value of the fractional interests.
Hsu v. Duan – Partition Action Case Study
In the legal case of Hsu v. Duan, Not Reported in Cal.Rptr.2d (2002), the court was tasked with determining the validity of a partition agreement between two parties. The agreement stated that the parties would divide the property in question into two separate parcels, with each party receiving one parcel. The court found that the agreement was invalid because it did not provide for a clear and definite division of the property. The court also found that the agreement did not provide for a method of determining the value of each parcel, nor did it provide for a method of determining how the costs of the partition would be divided between the parties. Additionally, the court found that the agreement did not provide for a method of determining who would be responsible for any taxes or other liabilities associated with the partition. Finally, the court found that the agreement did not provide for a method of determining who would be responsible for any disputes that may arise between the parties.
Contact our Team of Experienced Partition Lawyers Serving the City of Whittier 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 (562) 600-3300 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