Partition Actions in Cerritos
Cerritos is a city located in Los Angeles County, California. It is a suburban city known for its excellent schools, safe neighborhoods, and diverse population. The city is home to many parks, shopping centers, and cultural attractions. Cerritos is also home to the Cerritos Center for the Performing Arts, which hosts a variety of concerts, plays, and other events. Cerritos is a great place to live, work, and play.
According to Zillow, the median home value in Cerritos, California is $717,400 as of 2021. As of the 2020 United States Census, the population of Cerritos, California was 49,041.
Experienced Real Estate Partition Action Attorneys Serving Cerritos
Talkov Law’s attorneys serving Los Angeles County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- How to force the sale of jointly owned property? A partition action is the only statutory method to ensure the end of the co-ownership dispute.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
- 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.
- 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.
- Will there be a trial in a California partition action? Trials are extremely rare in partition actions because the interlocutory judgment procedure allows for a partition referee to be appointed by meeting just a few elements that rarely involve live testimony from witnesses. Even if a trial occurred, it would almost certainly relate only to the ownership interests or the distribution of proceeds, though most cases are decided on motion heard by the court based on the papers submitted by the parties.
Noce v. Daveggio – Partition Action Case Study
In the legal case of Noce v. Daveggio, 2 Cal.Unrep. 354 (1884), the issue of partition was at the center of the dispute. The case involved a dispute between two co-owners of a piece of real estate. The two parties had agreed to divide the property into two equal parts, but the defendant refused to carry out the agreement. The plaintiff argued that the defendant was obligated to divide the property in accordance with the agreement, while the defendant argued that the agreement was invalid and that the property should remain undivided. The court ultimately ruled in favor of the plaintiff, finding that the agreement was valid and that the defendant was obligated to divide the property in accordance with the agreement. The court also held that the defendant was liable for any damages caused by his refusal to comply with the agreement.
Contact our Team of Experienced Partition Lawyers Serving the City of Cerritos 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.