Duarte Partition Lawyer

Partition Actions in Duarte

Duarte is a city located in the San Gabriel Valley of Los Angeles County, California. It is located about 21 miles northeast of downtown Los Angeles. The population was 21,486 at the 2010 census, up from 18,256 at the 2000 census. The city is bounded to the north by the San Gabriel Mountains, to the south by the cities of Irwindale and Azusa, to the east by the city of Bradbury, and to the west by the city of Monrovia. Duarte is home to the historic Fish Canyon Falls, a popular hiking destination. The city is also home to the Duarte Sports Park, which features a variety of sports fields and courts, as well as a skate park. The city is served by the Duarte Unified School District, which includes Duarte High School, Northview Intermediate School, and several elementary schools.

According to Zillow, the median home value in Duarte, California is $619,000. As of the 2020 United States Census, the population of Duarte, California was 22,988.

Experienced Real Estate Partition Action Attorneys Serving Duarte

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:

• What are the steps involved in a partition action in California? The first step is to file a partition complaint in California, which is followed by a request for the court to enter an interlocutory judgment of partition, thereby appointing a partition referee under the partition statutes.
• 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.
• 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.
• Can a partition action be filed for both real property and personal property in California? Yes, all co-owned real and personal property can be partitioned under California law. Cal. Civ. Proc. Code § 872.020.
• Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.