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Diamond Bar Partition Lawyer

Partition Actions in Diamond Bar

Diamond Bar is a city located in the eastern part of Los Angeles County, California. It is a suburban city located about 30 miles east of downtown Los Angeles. The city is named after the “diamond over a bar” branding iron registered in 1918 by ranch owner Frederick E. Lewis. The city is known for its excellent schools, low crime rate, and high quality of life. Diamond Bar is home to many parks, trails, and recreational facilities, as well as a variety of shopping and dining options. The city is also home to the Diamond Bar Golf Course, which is a popular destination for golfers.

According to Zillow, the median home value in Diamond Bar, California is $717,400. As of the 2020 United States Census, the population of Diamond Bar, California was 56,287.

Experienced Real Estate Partition Action Attorneys Serving Diamond Bar

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:

  • What to expect in a California partition action? Partition actions necessarily resolve the conflict between co-owners through an expedited statutory process. A capable partition attorney will assist in expediting the process and producing the most favorable outcome.
  • Who pays for a partition action? In California, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
  • 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 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.
  • What types of properties can be subject to a partition action in California? All co-owned real or personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.

Speak to Our Diamond Bar 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

    Milian v. De Leon – Partition Action Case Study

    In the legal case of Milian v. De Leon, 181 Cal.App.3d 1185 (1986), the issue of partition was at the center of the dispute. The case involved a dispute between two siblings over the partition of their parents’ estate. The siblings had inherited the estate from their parents, who had died without a will. The siblings had agreed to partition the estate, but the agreement was never formalized. The dispute arose when one of the siblings, Milian, sought to partition the estate without the consent of the other sibling, De Leon. De Leon argued that the partition should not be allowed because it would be unfair to him. The court ultimately ruled in favor of Milian, finding that the partition was valid and that De Leon had failed to show that it would be unfair to him. The court also noted that the partition was in the best interests of both siblings, as it would allow them to divide the estate in a fair and equitable manner.

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

    Our Diamond Bar 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 at (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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