Claremont Partition Lawyer

Partition Actions in Claremont

Claremont is a city in Los Angeles County, California, located 35 miles east of downtown Los Angeles. It is known for its tree-lined streets, historic buildings, and small-town charm. The city is home to the Claremont Colleges, a consortium of seven highly-regarded liberal arts colleges, as well as the Claremont Graduate University. The city is also home to a vibrant downtown area, with a variety of restaurants, shops, and entertainment venues. Claremont is a popular destination for outdoor recreation, with numerous parks, trails, and open spaces. The city is also home to the Rancho Santa Ana Botanic Garden, one of the largest botanical gardens in the United States.

According to Zillow, the median home value in Claremont, California is $717,400 as of 2021. As of the 2020 United States Census, the population of the Claremont, California area is 36,266.

Experienced Real Estate Partition Action Attorneys Serving Claremont

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 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.
  • What are the grounds for a partition action in California? A co-owner is “entitled to partition as a matter of absolute right,” meaning “he need not assign any reason for his demand; that it is sufficient if he demands a severance; and that when grounds for a sale are duly established it may be demanded as of right. To grant it is not a mere matter of grace.” De Roulet v. Mitchel (1945) 70 Cal.App.2d 120, 123-124.
  • What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
  • Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
  • Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.

Speak to Our Claremont Partition Attorneys Today

Call our Los Angeles County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (909) 577-3300 or contact us below to schedule a free, 15-minute consultation

    Rose v. Mesmer – Partition Action Case Study

    In the legal case of Rose v. Mesmer, 142 Cal. 322 (1904), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings, Rose and Mesmer, over the partition of their father’s estate. Rose argued that the estate should be divided equally between the two siblings, while Mesmer argued that the estate should be divided according to the terms of their father’s will. The court ultimately ruled in favor of Rose, finding that the will did not provide for a partition of the estate and that the siblings should divide the estate equally. The court also noted that the partition of the estate should be done in a manner that is fair and equitable to both parties.

    Contact our Team of Experienced Partition Lawyers Serving the City of Claremont, County of Los Angeles, California

    Our Claremont partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law unlocks access to justice for co-owners by funding your case. For qualified cases, you pay no fees until we successfully partition your property by obtaining a sale on the market or to your co-owner! For a free consultation with California’s first and largest team of partition attorneys at Talkov Law, call (909) 577-3300 or contact us online today.

    Talkov Law Los Angeles Office

    10880 Wilshire Blvd Ste 1101
    Los Angeles, CA 90024
    Phone: (310) 496-3300

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        Offices Throughout California

        Los Angeles Office
        10880 Wilshire Blvd Ste 1101
        Los Angeles, CA 90024
        Phone: (310) 496-3300

        Orange County Office
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        Newport Beach, CA 92660
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