Partition Actions in Commerce
Commerce is a city located in Los Angeles County, California. It is located just east of downtown Los Angeles and is part of the Gateway Cities region. The city has a population of 12,823 and is known for its large industrial and commercial base. Commerce is home to the Citadel Outlets, a large outlet mall, and the Commerce Casino, one of the largest card rooms in the world. The city is also home to several parks, including the Commerce City Park and the Commerce Aquatic Center. The city is served by the Los Angeles County Sheriff’s Department and the Los Angeles County Fire Department.
According to Zillow, the median home value in Commerce, Los Angeles County, California is $521,400 as of 2021. As of 2020, the population of the California area of Commerce is 12,814,800.
Experienced Real Estate Partition Action Attorneys Serving Commerce
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.
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
- 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.
- Can I recover my attorney’s fees in a partition action? Yes, you can recover your legal fees in a partition action through a motion for attorney’s fees. However, most partitions settle, and most settlements involve a walk-away of attorney’s fees, meaning it important to hire a partition attorney who will handle the matter efficiently since each party is likely to pay their own fees.
In re Marriage of LeSage – Partition Action Case Study
In the legal case of In re Marriage of LeSage, 2007 WL 4200962, B189730 (29-Nov-2007) , the issue of partition was at the center of the dispute. The parties had entered into a marital settlement agreement (MSA) that provided for the division of their community property. The MSA provided that the parties would each receive a 50% interest in the community property, but that the husband would receive a larger share of the proceeds from the sale of the property. The wife argued that the MSA was invalid because it did not provide for a partition of the community property, as required by California law. The court agreed with the wife, finding that the MSA did not provide for a partition of the community property and was therefore invalid. The court ordered the parties to enter into a partition agreement that would divide the community property in accordance with California law.
Contact our Team of Experienced Partition Lawyers Serving the City of Commerce 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.