Partition Actions in Bradbury
Bradbury is a small city located in the San Gabriel Valley of Los Angeles County, California. It is an affluent community with a population of just over 1,000 people. The city is known for its large estates, rolling hills, and lush landscaping. It is also home to the Bradbury Estate, a historic landmark built in the late 19th century. The city is known for its low crime rate and excellent schools. It is also home to a variety of parks, trails, and recreational facilities. Bradbury is a great place to live for those looking for a peaceful and safe environment.
According to Zillow, the median home value in Bradbury, California is $2,890,000. The population of the California area of Bradbury is 1,048 as of the 2010 census.
Experienced Real Estate Partition Action Attorneys Serving Bradbury
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in the area of California partition actions. California partition actions allows for the division of real property among co-owners. This statute provides a legal mechanism for co-owners to divide their real property into separate interests. The partition statutes allow for the court to order a partition of the property, either by physically dividing the property or by selling the property and dividing the proceeds among the co-owners. The partition statutes also provide for the court to award damages to any co-owner who has been wrongfully excluded from the property. The partition statutes also allows for the court to award attorney’s fees and costs to the prevailing party.
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.
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
- What is the average cost of a partition action? The usual cost for a partition action is about $8,000 to $12,000, depending on the complexity. Some cases settle quickly after the defendant receives the partition complaint, while others can drag on longer if there are more complex issues or delay tactics by the defendant.
- 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 I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
In re Estate of Cordova – Partition Action Case Study
In the legal case of In re Estate of Cordova, 2005 WL 1302990, C046414 (1-Jun-2005) , the partition issue was whether the trial court had the authority to partition the real property owned by the decedent, Maria Cordova, between her two sons, Jose and Juan. The trial court had granted a petition for partition filed by Jose, and Juan appealed the decision. The appellate court held that the trial court did not have the authority to partition the property because the decedent had not left a will and the two sons had not agreed to a partition. The court noted that the partition of real property is a matter of contract between the parties, and since the two sons had not agreed to a partition, the trial court did not have the authority to order one.
Contact our Team of Experienced Partition Lawyers Serving the City of Bradbury 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.