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. 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:
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- 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 is a partition referee? A partition referee is a neutral third party, often times a lawyer or real estate broker, who completes the sale for the co-owners under court authority. The referee is then paid for their services either on an hourly, flat fee, or commission basis, and is relieved by the court of their duties in the case.
- Do I need to go to court to win a partition action? While the partition action must be filed with the court, partition actions rarely involve a trial in which the co-owners appear at court. This means it is extremely unlikely that you will need to step foot in a courtroom. Most partition work is done by motion practice involving tentative rulings with little interaction between the court and the attorneys, let alone the co-owners.
- What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
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 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 (909) 577-3300 or contact us online for a free consultation about your co-ownership issues.