Partition Actions in Cudahy
Cudahy is a small city located in Los Angeles County, California. It is bordered by the cities of South Gate, Bell, and Huntington Park. The city is known for its diverse population, with a large Hispanic population and a growing Asian population. Cudahy is home to many parks, including Cudahy Park, which features a playground, basketball courts, and a skate park. The city also has a variety of restaurants, shops, and other businesses. Cudahy is a great place to live, work, and play.
According to Zillow, the median home value in Cudahy, California is $420,000. As of the 2020 United States Census, the population of the California area of Cudahy is 24,208.
Experienced Real Estate Partition Action Attorneys Serving Cudahy
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:
- Can a Trust File a Partition? Yes, a trust can file a partition action as the co-owner of real property in California.
- 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.
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
- 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.
- 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.
Wickersham v. Denman – Partition Action Case Study
In the legal case of Wickersham v. Denman, 68 Cal. 383 (1886), the issue was whether a partition of real property could be made without the consent of all the owners. The plaintiff, Wickersham, owned a one-third interest in a piece of real property with two other owners, Denman and another individual. Wickersham sought to partition the property, but Denman refused to consent. The court held that a partition could not be made without the consent of all the owners, and that Denman’s refusal to consent was valid. This case established the principle that all owners of real property must consent to a partition before it can be legally enforced.
Contact our Team of Experienced Partition Lawyers Serving the City of Cudahy 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.