Avalon Partition Lawyer

Partition Actions in Avalon

Avalon is a small city located on Santa Catalina Island, off the coast of Southern California. It is the only incorporated city on the island and is known for its beautiful beaches, crystal clear waters, and stunning views of the Pacific Ocean. The city is home to a variety of attractions, including the Catalina Island Museum, the Catalina Island Conservancy, and the Catalina Island Golf Course. Avalon is also a popular destination for outdoor activities such as fishing, kayaking, and snorkeling. With its unique location and stunning scenery, Avalon is a great place to visit for a relaxing getaway.

According to Zillow, the median home value in Avalon, Los Angeles County, California is $1,092,400 as of 2021. As of 2020, the population of the California area of Avalon is 3,728.

Experienced Real Estate Partition Action Attorneys Serving Avalon

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:

• When is a partition action right for my dispute? Generally, parties who can reach their own resolution of a co-ownership dispute are not reading websites about partition law. If you are reading this article, chances are that your co-ownership dispute has reached a level where legal options are being considered. Filing a partition action will bring about a certain result to the co-ownership dispute, rather than letting it linger for years on end. However, if the parties are very close to a settlement, it may be wise to consider a resolution.
• 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.
• 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.
• 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.
• 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.